Tuesday, January 26, 2016

Gittin 42 – Vicissitudes of the slave of two masters

The Talmud discussed how one can become a slave of two masters, especially how he can be a slave of one master and, in part, a free man. Then it describes what else can happen to such a slave.

For example, if an ox gores this slave, who receives the damages payments? – The answer is that if the goring happened on the day when this slave was working for the master, then the payment goes to the master because it is his property that was damaged. If, however, this happened on the day when the slave was working for himself, then the payments go directly to him, for he is a free man at this time.

If so, do we have a basis to allow him to marry a slave woman on those days when he is working for his master and a free woman when he is working for himself? – No, this far we don't go: money can indeed be divided, but prohibitions that are intrinsic to him cannot be divided to change their nature from day to day.

Imagine that the ox does not just gore this slave but actually kills him. In this case, if the ox was habitually goring people, the owner of the ox pays a penalty of thirty shekels for his gross negligence. Who does the payment go to? – Half goes to the master (because the slave is one-half his), and the other half – to the heirs of the slave. But we expected it depends on which day he dies, just like above!? – Above, the slave was still alive and would eventually recompense both his master and himself, but here the total capital is so-to-say gone, so the two sides divide the recompense.

Art: Lawyer in his Study by Adriaen Jansz. Van Ostade

No comments: