Talmud su Esodo 21:11

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..

²²⁶Mekhilta dR.Ismael,Neziqin 3; Mekhilta dR.Šim‘on b.Jochai p. 168; Midrash Wehizhir Mišpaṭim p. 130; alluded to in Babli Qiddušin 4a.“She leaves gratis,²²⁷Ex. 21:11. Here starts the discussion of the rules for the girl sold by her father.” these are the days of adulthood²²⁸The indicators of adolescence are two pubic hairs after the girl has reached the age of 12 years and one day (cf. Nedarim 10:1, Note 1.) An adolescent is legally responsible for her actions but still under her father’s authority (cf. Yebamot 1:2, Note 159). She becomes an independent adult six months after becoming an adolescent. (A male becomes an adult only at age 13 years and one day if he did grow two pubic hairs.) Since the adult girl is not under her father’s authority, she cannot be under the authority of a master to whom she was given by her father even though she remains legally married by biblical standards if she was married off by her father when underage or adolescent. The double expression in the verse is taken to mean that the master’s authority ends when she reaches the stage of adolescent.; “without money²²⁷Ex. 21:11. Here starts the discussion of the rules for the girl sold by her father.,” these are the indicators [of adolescence.] Could He not have mentioned only one of them²²⁹When the text of the laws was given to Moses.? If only one of them were mentioned, would I not have said that if she leaves with indicators [of adolescence], then certainly in the days of adulthood? But in that case I would have said that they are identical with the days of adulthood. Would this not be logical? She is emancipated from the power of the father and she is emancipated from the power of the master; since she is emancipated from the power of the father by some indicators [of adulthood]²³⁰It would be reasonable to emend סימנין to בגר, to keep unity of style (Qorban Ha‘edah), but A confirms the text as it stands., she is emancipated from the power of the master by the same indicators. Therefore, it was necessary to say, “she leaves gratis,” these are the days of adulthood, “without money,” these are the indicators [of adolescence.] Or maybe the other way around? Rebbi Tanḥuma in the name of Rebbi Ḥuna: “Without money.” At a place where there is money for the father, there is no money for the master²³¹Babli Ketubot 46b, as proof that the father retains the right to marry off his daughter and pocket the valuables offered for the preliminary marriage, even though the master’s authority already expired at the girl’s adolescence..