Talmud su Esodo 21:10

HALAKHAH: “A judicial oath,” etc. ⁹This text is copied in Qiddušin1:1, explained there in detail in Notes 77–98. Parallels are in the Babli Qiddušin11b.
The question is, why do the House of Hillel require a larger minimal amount for litigation before a court than the House of Shammai but a much smaller sum than the House of Shammai for legal marriage by symbolic acquisition. The answer is that different biblical verses are the basis. Since a Hebrew slave girl is a minor sold by her father for a maximum of 6 years, or until she reaches the age of 12, or until she is married by the person who buys her or one of his sons. In order to get the maximum for his money, the man buying her might use her as a servant up to the last day of her servitude and then marry her on that day. Since if the original price is divided by the sum of all days of her servitude and only pennies pay for the service of one day, only pennies are left on the last day but nevertheless the marriage is legal. Therefore only pennies are needed for a legal marriage ceremony. The claim, the House of Shammai say, an obolos, but the House of Hillel say, two oboloi. The argument of the House of Shammai seems inverted. There, they say, “silver” is a denar, but here, they say that “silver” is an obolos. The argument of the House of Hillel seems inverted. There, they say that “money” is a peruṭah but here, they say that “money” is two oboloi. Rebbi Jacob bar Aḥa in the name of Rebbi Ḥanina: The House of Shammai learn from the initial sale of a Hebrew girl. Since her initial sale was by [at least] a denar, so her preliminary marriage is by [at least] a denar. The House of Hillel learn from the end of her diminution. Since the end of her diminution is a peruṭah, so her preliminary marriage is by a peruṭah. What is the reason of the House of Shammai? As it is said, she leaves gratis, without silver¹⁰Ex. 21:10.. Would we not know that it is without money? Why does the verse say, without silver? From there, that she is sold for more than silver. And what is more than silver? A denar. But maybe “silver” is a peruṭah, more than silver two peruṭot. The smallest silver coin is an obolos²“Silver” denotes the smallest silver coin struck in Hasmonean times, the obolos, ¹/₆ of a denar. The silver half- oboloi minted in Yehud in Persian times had long disappeared when the Mishnaic system of currency was formulated.. So why is it not an obolos? Rebbi Abun in the name of Rebbi Judah bar Pazi: For if she wants to diminish, she diminishes every year by an obolos and leaves. Could she not diminish by a peruṭah? Rebbi Abun said, think of it. If she wanted to compute the diminution at the start of the sixth year, there would be a peruṭah left. But the start of the diminution must be an obolos, the end of the diminution a peruṭah. If there is only one peruṭah left, can she not pay the diminished amount and leave? Just as the last diminished amount is a peruṭah, so her preliminary marriage should be a peruṭah! What is the reason of the House of Hillel? Since her last diminished amount is a peruṭah, you know that her preliminary marriage is by a peruṭah. Think of it, if there is only one peruṭah’s worth left, can she not pay the diminished amount and leave? Just as the last diminished amount is a peruṭah, so her preliminary marriage is by a peruṭah.

“Here you have money that your slave shall become acquired by me after thirty days.⁴¹As explained in this paragraph, ownership is transferred immediately but possession is deferred for thirty days.” Some Tannaïm stated: The first [owner] is subject to “a day or two”⁴²Ex. 21:20–21. Killing a slave is murder. But if the slave dies because of a punishment he receives from his owner and lives at least 24 hours after the punishment, the owner’s act is not prosecutable.. But some Tannaïm stated: The second [owner] is subject to “a day or two”. Some Tannaïm stated: Neither the first nor the second [owners] are subject to “a day or two”. But some Tannaïm stated: Both first and second [owners] are subject to “a day or two”. He⁴³In the Babli, Baba batra 50a, R. Meïr. who says, the first [owner] is subject to “a day or two”, “if he dies in his possession⁴⁴Ex. 21:20, the verse which declares the owner guilty of murder if he kills his slave..” He⁴⁵In the Babli, R. Jehudah. who says, the second [owner] is subject to “a day or two”, “for he is his money⁴⁶Ex. 21:21, the verse which exempts the owner from prosecution if the slave lives for 24 hours. “His money” indicates ownership..” He⁴⁷In the Babli, R. Yose. who says, both first and second [owners] are subject to “a day or two”, the first because of “if he dies in his possession,” the second because of “for he is his money.” He⁴⁸In the Babli, R. Eleazar. who says, neither the first nor the second [owners] are subject to “a day or two”, for he is not the first’s money and does not die in the possession of the second.

HALAKHAH: “A Hebrew slave is acquired by money,” etc. It is written: “If your Hebrew brother or sister be sold to you,” he bracketed the male Hebrew with the female¹⁵⁹Deut. 15:12. The Babli, 14b, points out that the verse only covers persons sold by others, the girl by her father and the man by the court, not the person who sells himself. Sifry Deut. 118 disputes the entire argument and holds that the female had to be mentioned separately from the male since the rules of her acquisition and liberation are distinct from those of the male. (E. g., the female cannot sell herself; the adult female cannot be a Hebrew slave.). Since the female Hebrew can be acquired by money or contract, also the male Hebrew can be acquired by money or contract. One understands money since it is written¹⁶⁰Ex. 21:11. Since after six years, or after she reached adulthood, she leaves without payment, it follows that her work was worth money; cf. Note 18.: “She leaves gratis, without money [due].” From where by contract? The female Hebrew is inferred from the free woman¹⁶¹Ex. 21:10 equates the marriage of the Hebrew slave girl to her master to the latter’s marriage with another, free, woman. (Babli 16a; Mechilta dR. Šimon b.Jochai, ed. Epstein-Melamed, p. 167)., and the male Hebrew from the female. This is a combination of inferences. That follows Rebbi Aqiba who accepts combination of inferences¹⁶²Except for texts based on Lev. For the intricacies of his position, cf. H. Guggenheimer, Über ein bemerkenswertes logisches System aus der Antike, Methodos 1951, pp. 150–164; Logical Problems in Jewish Tradition, in: Confrontations with Judaism, ed. Ph. Longworth, London 1966, pp. 171–196.
The problem before the rabbis of the second and third generations of Tannaïm was to derive a consistent legal system which intellectually could compete with the Roman law from the scattered remarks offered in the Biblical text. R. Ismael allows no more than one intermediate step between biblical text and legal statement.. Following Rebbi Ismael who rejects combination of inferences? It was found that Rebbi Ismael stated: In the case of the word חֻפְשָׁה, “free” is inferred from חֻפְשָׁה¹⁶³The expression חפשי is used in Ex. 21:2,5 in reference to the male Hebrew slave. In R. Ismael’s opinion, the ḥâruphah slave girl is a former Gentile who needs manumission (Notes 147,148) and חֻפְשָׁה mentioned in Lev. 19:20 is her bill of manumission. Since the Gentile slave girl can be manumitted by a document, it is concluded that the Hebrew slave can be acquired by a document. As noted later, this is a non sequitur.. Everywhere Rebbi Ismael rejects combination of inferences and here, he accepts combination of inferences? Rebbi Ismael stated it in the name of the Sages¹⁶⁴This translation follows the sentence structure of A.. From where is it derived for Rebbi Ismael? “Sending away, sending away.” Since “sending away” mentioned there means by a contract, also “sending away” here means by a contract¹⁶⁵Divorce, which requires a written document, is called “sending away” (of the wife) in Deut. 24:1. Therefore, the “sending away” of the Hebrew slave (Deut. 15:12,13) also refers to a written document. As noted immediately, this only would prove that the master can terminate the indenture by a written document, not that he could acquire the Hebrew’s services by a document.. But it does not compare. There it is to gain autonomy, here it is to be acquired by others! Rebbi Mattaniah¹⁶⁶In A: “Rebbi said, a baraita.” This reading is preferable since a fifth-generation Amora is unlikely to appear in a Tannaïtic discussion. said, “sale, sale”¹⁶⁷In Lev. 25:42 it is stated that a Hebrew “shall not be sold as in the sale of a [Gentile] slave.” In Deut. 15:12 it says, “If your Hebrew brother or sister be sold to you.” It is an accepted principle (Sifry Deut. 72, Yerushalmi Baba batra 8:5 (16b), Babli Temurah5a) that if the verse notes that “something shall not be done,” if it is done it is sinful but legally valid since an invalid action does not have to be forbidden. Since the Gentile slave can be bought by contract (Mishnah 3), the Hebrew slave also can be bought by contract. The question remains whether he can be bought by contract without the buyer sinning.. Since “sale” mentioned there means by a contract, “sale” here also means by a contract. But since there¹⁶⁸Since the laws regarding Gentile slaves in general follow the rules of real estate, undisturbed possession for three years accompanied by a claim of rightful acquisition legally establishes ownership. Nobody claims that the same holds for Hebrew slaves. it is possible by possession, then here it should be possible by possession. Rebbi Ḥiyya bar Ada¹⁶⁹A: R. Ḥiyya bar Abba (an Amora of the third generation). The reading of L is the only one acceptable, referring to R. Ḥiyya bar Ada I, of the generation of transition between Tannaïm and Amoraïm. said, the male Hebrew is like the female Hebrew¹⁷⁰This essentially is the argument given at the start of this paragraph, Note 159. The reason for the female to be mentioned in Deut. 15:12 at the start of rules mostly dealing only with the male, is to transfer the rules of acquisition from the female to the male..

MISHNAH: If somebody by a vow bars his wife from sexual intercourse, the House of Shammai say two weeks, the House of Hillel say one week¹⁶⁵If he does not have his vow dissolved by that time, the wife can go to court and force a divorce with full payment of the ketubah.. Students can go to study Torah for thirty days without permission¹⁶⁶Without asking his wife’s permission if she married him knowing he was a student.; journeymen one week¹⁶⁷They can hire themselves out to work at another place where they cannot return to their homes every night.. The period mentioned in the Torah¹⁶⁸Ex. 21:10, where it is spelled out that a man can take a second wife only if he does not reduce the amount of sexual activity with his first wife.: People who do not have to work every day¹⁶⁹If a man marries a woman telling her that he is rich enough not to have to work, he is obligated to sleep with her every night and cannot later reduce this amount without the wife’s consent. Similarly, a donkey driver engaged in local traffic, who is home every week, cannot change his profession to camel driver engaged in long distance caravan traffic without his wife’s consent., journeymen twice a week, donkey drivers once a week, camel drivers once in thirty days, sailors once in three months, the words of Rebbi Eliezer.