Wednesday, January 27, 2016

Gittin 44 – A flurry of unresolved questions about a slave

As we saw earlier, the life of a slave was quite privileged. In particular, on emancipation, he was to acquire the full status of a “Son of Israel,” and even as a slave, he was already observing mitzvot.

Therefore, if someone sold his slave to an idolater (who would likely stop the slave from observing the mitzvot), the slave became legally free – this was the decree of the Sages. They have also added that the previous owner had to write for the slave a Get of emancipation. A special case is when the master wrote for the slave a letter that said, “When you flee, I have no claims on you.” In this case, the Get would not be needed.

If one sold his slave (which normally involved a penalty on the master, in that the slave goes free), but he sold him only for thirty days, would the penalty still apply? What if he sold him on the condition that the slave does not do any work (but lives with a slave woman and helps her grow the children)? What if he sold him for work, but with the exception of Saturdays and Holidays? What if he sold the slave to a non-Jew who lives in Israel and observes the laws of Noah or to a non-observant Jew? Does the slave go free? We can at least resolve the last question: Noahide is considered an idolater for this. Some say that a non-observant Jew is the same as an idolater, and others say that he is not.

Consider a man from Babylon who marries a woman from Israel, and she comes to live with him, together with her slaves. Do we say that she brought slaves outside of Israel and must be penalized by freeing them, or do we say that now they are the husband's, and he should not free them? Here we get no answer.

Art: Talmudic Discussion by Mark Gertler

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