Talmud sobre Job 31:15

HALAKHAH: “This is more severe regarding a human than an ox,” etc. “A person who hits his father or mother,” etc. It was stated⁴³A similar statement is in Mekhilta dR. Ismael, Neziqin 9.: If the witnesses said, we testify that X blinded both of his eyes simultanously, or that he knocked out two of his teeth simultaneously, he does not have to pay anything. One after the other, he gains his freedom by the first and he pays him damages for the second⁴⁴Ex. 21:26–27 states that a slave gains his freedom if his master blinds him or knocks out one of his teeth. If the master injures the slave repeatedly, the slave gains his freedom by the first injury and, therefore, can claim full payment for the second as a free Jew (Babli Giṭṭin 42b). But if a double injury was inflicted in one blow, the slave was not free and has no claim beyond his automatic freedom.. Rebbi Abbahu in the name of Rebbi Joḥanan: This implies that one estimates embarrassment for slaves⁴⁵Since there is no exception made for shame in the previous statement.
The statement is difficult to understand since at the moment of the second injury the slave already is a free Jew rather than a slave. As R. Eliahu Fulda points out, it also is superfluous since R. Joḥanan always follows the anonymous Mishnah as practice. Since the Yerushalmi is so elliptic, it may not be excluded that it follows the Babli (Giṭṭin 42b) in holding that the slave is automatically free only for eye and tooth which are mentioned in the verse, but for other injuries for which the court will force the slave’s freedom a bill of manumission would be required. Then R. Abbahu’s statement becomes relevant for the case of a slave in his period between servitude and freedom.. ⁴⁶A text similar to the remainder of this paragraph is in Ketubot 5:5, Notes 120–130. Rebbi La in the name of Rebbi Joḥanan: If a person dedicates his earnings, he dedicates everything⁴⁷Everything he earns automatically is Temple property; he cannot take anything to feed himself but has to beg his sustenance from others. Tosephta ‘Arakhin 3:8 does not support this statement.. If he dedicates the earnings of his slave, he⁴⁸The slave can support himself from his own earnings; only the excess becomes Temple property; Tosephta ‘Arakhin 3:8, Babli Giṭṭin 12a. can take from there his upkeep and the remainder is dedicated. Here you say, the remainder is dedicated, but there you say, everything is holy. Rebbi Aḥa said, Jews are more obligated to support free people than slaves⁴⁹Slaves would not be able to feed themselves from alms.. But did not Rebbi Joḥanan say: If somebody cuts off the hands of somebody else’s slave, his master collects damages, suffering, medical costs, loss of earnings, and embarrassment, and that one should be supported by welfare⁵⁰Babli Giṭṭin 12b.. Rebbi Aḥa said, Jews are more obligated to support amputated slaves than unimpaired ones. But did not Rebbi Joḥanan also give to his slave when he ate meat? Give also to his slave when he drank wine? And recited for himself the verse⁵¹Job 31:15.: “Did not His maker make me in the womb”? They said, there a rule of law, here a rule of mercy.

Rebbi Jeremiah asked: If somebody dedicated his slave’s earnings and the latter was a hunter, what are the rules¹¹⁹If the owner expects the slave to feed himself from his catch.? Let us hear from the following: If somebody dedicates his slave, that one is dedicated but his earnings are profane¹²⁰The slave becomes Temple property, but he can use anything he catches or earns for himself without stealing dedicated property.. His [slave’s] earnings, he is profane and his earnings are dedicated¹²¹In this version, the slave cannot eat anything he catches because that immediately becomes Temple property, any profane use of which is larceny. The Tanna of this baraita seems to hold that an owner is not obligated to feed his slave.. ¹²²This sentence is out of place and belongs to the discussion below. Rebbi Joḥanan said, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his injuries, his pain, his shame, and impairment but he shall go out and subsist on alms. Did we not state¹²³Tosephta ‘Arakhin 3:8.: If somebody dedicates his slave, that one takes out his provisions but the remainder is dedicated¹²⁴Even though the slave is not dedicated, since the owner is obligated to feed his slave one automatically interprets his dedication to mean that only the excess earnings over the slave’s minimal needs are dedicated.. Rebbi Abba bar Mamal said, nobody thinks that he should die¹²⁵It remains open whether there is an obligation on the part of the owner to feed his slave but in any case, nobody thinks that the slave should suffer king Midas’s fate that he could not eat anything that he made or earned.. [ ] more than for slaves¹²⁶The text is defective. The original text must have been similar to the parallel in Baba Qama 8:4 from a different editorial team: אָמַר רִבִּי אָחָא. מְצוּוִּים יִשְׂרָאֵל לְפַרְנֵס בְּנֵי חוֹרִין יוֹתֵר מֵעֲבָדִים. “Rebbi Aḥa said, Jews are more obligated to provide for free persons than for slaves.”. Did not Rebbi Joḥanan say, if somebody cuts off the hands of another person’s slave, that one’s owner collects the payments for his damages, his pain, his shame, and impairment¹²⁷In Baba Qama 8:4 one adds: His medical costs. This means that the owner presents the bill for medical costs to the person causing the injury. but he shall go out and subsist on alms. The rabbis of Caesarea in the name of Rebbi Aḥa: Jews are obligated to care for amputees, even slaves.¹²⁸In Baba Qama: “R. Aḥa said, Jews are more obligated to provide for amputated slaves than for whole ones.” On that statement then comes the objection that R. Joḥanan shares his meat and wine with his slave. Rebbi Joḥanan gave to his slave from everything he himself ate¹²⁹His deeds do not follow his words that the owner has the right to let his slave be fed from charity. In Baba Qama, the answer is given that his rule is legal, his behavior moral. and quoted for this¹³⁰Job 31:15, speaking of Job’s slaves.: “Did not his Maker make me in the belly and formed me likewise in a womb?”