Bagian Terkait Keluaran 21:27

Does one tell him, be in the clear with Heaven? Let us hear from the following⁹⁴Babli Bava qamma74b.: “It happened that Rabban Gamliel knocked out a tooth of his slave Tabi. He came to Rebbi Joshua and said to him, I found a reason to manumit my slave Tabi. He told him, you have nothing in your hand; fines only are imposed through witnesses and in court.” This implies that one does not tell him, be in the clear with Heaven. Rebbi Gamliel ben Rebbi Illai⁹⁵In Ketubot: ben Avina, at other places ben Ininia. R. Mana here is R. Mana I; in the preceding paragraph he was R. Mana II. asked before Rebbi Mana, does Rabban Gamliel hold with him who says, one is permitted to manumit? He told him, in itself it says that it is forbidden to manumit, for otherwise he should have manumitted him immediately.

HALAKHAH: “One who says, I seduced X’s daughter,” etc. ¹⁴³The entire Halakhah is part of a larger text in Šebuot 5:7. Rebbi Isaac asked: Would he have to pay the slave’s value on his own testimony? What is his problem? Are the entire 30 [šeqel]¹³⁸The payment is a fixed sum of 30 šeqel (Ex. 21:32) whose status is discussed in the Halakhah. a fine or is only the excess over his value a fine? If you say, the entire 30 [šeqel] are a fine, he does not pay. If you say, the excess over his value is a fine, he pays¹⁴⁴The slave’s market value.. There, we have stated¹⁴⁵Mishnah Šebuot 5:5. The topic of the Mishnah is the obligation to bring a purification sacrifice for a false oath (Lev. 5:4). The sacrifice is due for “an expression of the lips for worse or good”, i. e., if the oath changes the situation as far as monetary obligations are concerned. If A was accused by B to have seduced B’s daughter (when B has no witnesses to prove his claim) and A swore falsely, A is obligated for a sacrifice since by admitting guilt he would have had to pay for shame and diminution of value.: “‘Your ox killed my slave’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is free.¹⁴⁶This Tanna assumes that the entire 30 šeqel to be paid for the slave are a fine which cannot be collected upon the confession of the guilty party. Therefore, the oath did not change the situation as far as monetary obligations are concerned and no purification sacrifice is possible.” Rebbi Ḥaggai said before Rebbi Yose, explain it if he killed a slave afflicted with boils¹⁴⁷If the slave could not be sold on the slave market, he has no value and certainly all of the 30 šeqel are a criminal fine and not due upon confession.. He said to him, what does it say afterwards¹⁴⁸This is a baraita, not the continuation of the Mishnah.? “‘Your ox killed my son’! The other said, ‘he did not kill’. ‘I want you to swear’ and he said ‘Amen’, he is obligated.¹⁴⁹Since he would have to pay damages upon agreeing that his ox did the damage, his false oath requires a sacrifice.” Why do you not explain it that he was afflicted with boils, then he would be free¹⁵⁰If no damages were due.. Rebbi Ḥaggai said before Rebbi Yose, explain it following him who says “he shall pay the redemption of his person”, the one’s who caused the damage¹⁵¹Ex. 21:30: “If weregilt is imposed on him, he shall pay the redemption of his person, all that is imposed on him.” The question is, to which person does “his person” refer? Is the weregilt assessed by the person killed or the owner of the ox? The question is discussed in Baba Qama Tosephta 4:7, Yerushalmi 4:7 (4c), Babli 27a, 40a; Babli Makkot 2b; Mekhilta dR. Ismael Mišpaṭim p. 285, dR. Simeon bar Ioḥai p. 182.. He said to him, if following him who says “he shall pay the redemption of his person”, the one’s who caused the damage, everything is a fine¹⁵²In that case there is no direct connection between the amount to be paid and the damage caused.. Can one say to him, be also in the clear with Heaven¹⁵³Is there a moral obligation to pay when there is no legal way to force payment?? Let us hear from the following: It happened that Rabban Gamliel knocked out his slave Tebi’s tooth¹⁵⁴A slave has to be freed if his owner injures one of his limbs (Ex. 21:26,27). On the other hand, there is an interpretation of Lev. 25:46 which reads the statement about Gentile slaves, “for ever you shall have them work for you” that manumission of Gentile slaves without a good reason is forbidden. In the Yerushalmi (Yebamot11:6, Note 134) this interpretation is ascribed to R. Yose the Galilean, in the Babli to Rav Jehudah (Berakhot 47b) or R. Aqiba (Soṭah 3b). Another interpretation of the verse [Babli Niddah 47a; Sifra Behar Parašah 6(6)] insists that slaves can be used only for work, not sexual purposes.. He came to Rebbi Joshua¹⁵⁵The Babli, Baba Qama 74b/75a, reads the story as a ruling by R. Joshua that anybody who freed himself by confession from a fine cannot be fined even if later the fact is proven by two witnesses. It holds that Rabban Gamliel should have produced witnesses before talking informally to R. Joshua who even in a private setting could not forget about his position of president of the court. and said to him, I found a reason to free my slave Tebi. He said to him, what do you have in your hand? Fines can be imposed only by witnesses! Could they not say to him, do your duty before Heaven? That means one does not tell him, do your duty before Heaven! Rebbi Gamliel ben Avina¹⁵⁶Elsewhere, the name is Ininia (cf. Peah 1:1, Note 61). asked before Rebbi Mana: Does Rabban Gamliel follow him who said, it is permitted to manumit? He said to him, the story in itself implies that it is forbidden to manumit since, otherwise, he could have freed him immediately!