תלמוד על קידושין 34:30

Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: Should not the Hebrew slave girl leave by definitive marriage, by an argument de minore ad majus? Since indications [of puberty] which do not emancipate her from her father’s power, free her from her master’s power²⁷⁹An adolescent girl remains in her father’s power for six months after her formal puberty (Nedarim 10:1, Note 1) but leaves servitude at the actual onset of puberty., is it not logical that definitive marriage, which emancipates her from her father’s power, shall free her from her master’s power? He said to him, I have only the Mishnah: “The Hebrew slave girl in addition regains her autonomy by indicators of puberty¹⁵⁵While a father can forcibly marry off his daughter until she has reached adulthood (12 years six months and one day) he cannot sell her into slavery beyond adolescence (12 years and a day if she shows signs of puberty). He cannot sell her to work for longer than he had the right to sell..” Bar Pedaiah²⁸⁰In the Babli, 17b, “R. Pada”. said, the Hebrew slave girl leaves at the death of her master. What is the reason? “Also your slave girl you shall treat in the same way;” and it is written: “He shall be for you a permanent slave.²⁸¹Deut. 15:17, making it clear that the servitude of the “pierced slave” is personally to his master; cf. Note 157. By consensus of all sources, the final clause of that verse, speaking of the Hebrew slave girl, cannot refer to the piercing of the earlobe since this would contradict Ex. 21:5.” He bracketed the Hebrew slave girl with the “pierced slave”. Since the “pierced slave” leaves at his master’s death, the Hebrew slave girl also leaves at her master’s death²⁸²Babli 17b; Sifry Deut. #122; Mekhilta dR.Ismael,Neziqin 2; Mekhilta dR.Šim‘on b.Jochai p. 164.. It turns out that Bar Pedaiah parallels the following Tanna, as it was stated: The Hebrew slave²⁸³The one indentured for six years, not the “pierced slave” (parallel sources cf. Note 282). serves the son but not the daughter; the Hebrew slave girl serves the daughter but not the son²⁸⁴In the Babli 17b: Neither son nor daughter.. Some Tannaїm state: The Hebrew slave girl as well as the Hebrew slave²⁸⁵The “pierced slave”, not the one indentured for six years. This is Bar Pedaiah’s statement. serve neither the son nor the daughter. How does the Tanna confirm “your slave girl you also shall treat in the same way”? He explains it about the allowance²⁸⁶A supply of produce, required to be given the departing slave by Deut. 15:14. This is the standard interpretation (Babli 17b; Sifry Deut. #122)., as it was stated: The following are given allowances: The one who leaves after six years or in the Jubilee, and the Hebrew slave girl who becomes autonomous by indicators of puberty. But one does not give allowances to one who leaves by the reduction of the amount²⁸⁷Who buys his freedom by repaying the amount given for his services reduced proportionally to the time served. or following the master’s death²⁸⁸In the Babli, 16b, and Sifry Deut. #119, the person leaving at his master’s death is entitled to an allowance. The Yerushalmi restricts allowances to persons serving a predetermined period. (In Masekhet ‘Avadim 2, allowances are given only to those sold by the court.).