Rujukan Talmud untuk Ulangan 15:17: Jerusalem Talmud Kiddushin & Jerusalem Talmud Yevamot

MISHNAH: A Hebrew slave¹⁵⁰The rules are based on Ex. 21:2–6, Lev. 25:39–43, Deut. 15:12–18. The Lev. source clearly refers to the person who sells himself as indentured servant because he cannot fend for himself. Ex. 22:2 provides for judicial sale of the thief who cannot pay the required double restitution.
Separate rules for the Hebrew slave acquired by a Gentile are given in Lev. 25:47–54. In that case, the slave regains his freedom automatically only in the Jubilee year but the family can force his redemption by repaying the portion of his buying price not amortized by the time passed (Lev. 25:50). is acquired by money or a document; he regains his autonomy by years¹⁵¹The maximum time of a contract of an indentured servant was 6 years; Ex. 21:2, Deut. 15:12., or the Jubilee¹⁵²Lev. 25:40. Since the Jubilee brings back everybody to his ancestral land, everybody is presumed to be able to feed himself. The dependence of the rules of the Hebrew slave on the Jubilee implies that Hebrew slavery disappeared with the Jubilee; it never existed during the Second Commonwealth and is not to be re-instituted in the times of the Messiah (Ševi‘it 10:3, Notes 83–88; Giṭṭin 4:3, Note 65). The discussion about the rules of Hebrew male slavery are a purely theoretical reconstruction of the past whose interest is not in statements but in the rules of inference., or reduction of the amount¹⁵³If the slave or his family buy his freedom, the master is required to accept payment proportional to the time not yet served.. The Hebrew slave girl¹⁵⁴While the rules for the Hebrew slave girl are not tied to the Jubilee, the verses Deut. 15:12,17 equate the rules for male and female slaves. Therefore, all the detailed rules developed in this Halakhah are purely theoretical interpretations of the biblical text; they never were operational within the rabbinic framework. 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.. The pierced slave is acquired by piercing¹⁵⁶The slave who does not want to regain his freedom after six years, whose earlobe is pierced (Ex. 21:6, Deut. 15:17).; he regains his autonomy in the Jubilee or by the master’s death¹⁵⁷Ex. 21:5, Deut. 15:16 make it clear that the relationship of the “pierced” slave to his master is a personal one, not transferable to his heirs..

What is the reason of Rebbi Eliezer? “Before the Elders’ eyes⁸¹Deut. 25:9: “The sister-in-law shall approach him before the elder’s eyes”. R. Eliezer holds that one sees clearly only during daytime. This argument is not found in any of the parallel sources..” How do the rabbis uphold “before the Elders’ eyes”? That excludes a court of blind people. Rebbi Joḥanan said, the argument of Rebbi Eliezer seems to be inverted⁸²The same argument in the Babli, 104a.. There⁸³The purification of a leper requires that blood and oil be put on the right hand thumb and the right big toe of the healed person, Lev. 14:14,17. In Mishnah Nega‘im 14:9, R. Eliezer and R. Simeon disagree about the purification of a person missing his right hand thumb or right big toe; R. Eliezer insists that the right hand must be used in all cases., he says that the right hand is obligatory, but here, he says that the right hand is not obligatory. Rebbi Yose said, there it is written “the right hand”⁸⁴Lev. 14:14,17. In the Babli, 104a, this is the argument of the rabbis. In the Babli, R. Eliezer is defended by the argument that the leper has so many additional ceremonies that it is difficult to transfer any of his ceremonies to other cases., the right hand is obl;igatory, but here, where “the right hand” is not written, the right hand is notobligatory. Rebbi Yose from Sidon stated before Rebbi Jeremiah: “His ear”, “his ear”. Since “his ear” mentioned there refers to the right ear, so “his ear” mentioned here means the right ear⁸⁵This compares the ceremony of the leper with that of piercing the ear of the Hebrew slave who refuses to regain his freedom, Ex. 21:6, Deut. 15:17. In the latter verses it is not spelled out which ear has to be pierced. The argument that the ear must be the right one is quoted anonymously also in Yerushalmi Qiddušin Chapter 1, fol. 59d, Mekhilta dR. Ismael Mišpaṭim 2, Mekhilta dR. Simeon bar Ioḥai Mišpaṭim p.163, Sifry Deut. 122; in the name of R. Eliezer here and in the Babli 104a and Qiddušin 15a.. It also says “his foot”, “his foot”. He who infers from “his ear”, “his ear” infers from “his foot”, “his foot”; he who does not infer from “his ear”, “his ear” does not infer from “his foot”, “his foot”. But it was stated in the name of Rebbi Eliezer: “his foot”, “his foot”. That means, there are two statements about the words of Rebbi Eliezer⁸⁶In the Mishnah, R. Eliezer accepts the use of the left foot after the fact; in the baraita he declares use of the left foot as invalid.. He who argues from “his ear”, “his ear” argues from “his foot”, “his foot”; he who does not argue from “his ear”, “his ear” does not argue from “his foot”. And this Mishnah accepts neither “his ear”, “his ear” nor “his foot”, “his foot”⁸⁷That is, for R. Eliezer; but in the opinion of the Babli, the majority base their opinion on the comparison “foot, foot”..

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.).