אִם־אֲדֹנָיו֙ יִתֶּן־ל֣וֹ אִשָּׁ֔ה וְיָלְדָה־ל֥וֹ בָנִ֖ים א֣וֹ בָנ֑וֹת הָאִשָּׁ֣ה וִילָדֶ֗יהָ תִּהְיֶה֙ לַֽאדֹנֶ֔יהָ וְה֖וּא יֵצֵ֥א בְגַפּֽוֹ׃
상전이 그에게 아내를 줌으로 그 아내가 자녀간 낳았으면 그 아내와 그 자식들은 상전에게 속할 것이요 그는 단신으로 나갈 것이로되
Jerusalem Talmud Kiddushin
Can she145The ḥăruphah slave girl, to be able to sleep with whomever she pleases. regain her autonomy through her master’s death or by the end of six [years]? What is the problem? Following Rebbi Aqiba? But Rebbi Aqiba said that the verse speaks about a woman half slave and half free engaged to be married by a free man146Babli Keritut 11a. Her situation can be remedied only by her full manumission, Mishnah Giṭṭin 4:5.. Therefore, his problem is following Rebbi Ismael, since Rebbi Ismael said that the verse speaks about a Canaanite147Meaning: originally Gentile. slave girl married to a Hebrew slave, since this is marriage sanctioned by the Torah: “If his master give him a wife.148Ex. 21:4. Since the children born from this union are slaves, the woman cannot be a Hebrew slave girl. Since the woman is called “wife”, she is required to be faithful by biblical standards. The question is whether this kind of marriage is terminated automatically, without any formality, at the moment the Hebrew slave regains his freedom. At the same moment, the slave woman becomes forbidden to him since any sexual relations between people who could not legally be married is qualified as qādēš(Deut. 23:18).” But his problem is whether she regains her autonomy through her master’s death or by the end of six [years] for him who says that the Hebrew slave does not serve the heir149As explained in the next Halakhah. The question is not answered since it can never arise in the future (Note 152)..
Jerusalem Talmud Sotah
There97Mishnah Keritut 2:4. “Incest” always includes adultery., we have stated: “In all matters of incest, He made him who touches98The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11. equal to him who completes and one is guilty for each single intercourse99This refers to the rules concerning a slave girl (Lev. 19:20–22) who according to some opinions is partially manumitted (cf. Babli Keritut11a.). The Babli’s tradition eliminates the rules from practical importance by restricting them to a girl living with a Hebrew slave. Since the institution of Hebrew slaves was abolished with the Babylonian exile, never to be reinstituted, the frequent discussions of the rules are purely theoretical. However, in Sifra Qedošim Pereq 5(1), at least one opinion describes the slave girl engaged to a free man in the expectation of her manumission.
As a slave, the girl can not marry and therefore she is free to have guiltless sex with any man not a Jew (cf. Terumot Chapter 8, Note 347). Upon manumission, she becomes a free Jewish woman and able to contract a valid marriage with any Jew who is not a priest. She is permitted to live with a Hebrew slave (Ex. 21:4). Since her relationship with the slave is not a marriage, her affair with another man is not adultery. From the man’s side, the affair with the slave girl is the only sin which can be atoned for by a sacrifice if committed intentionally. A purification sacrifice is possible only for inadvertent sins; the relation with the semi-free girl can be atoned for by a reparation sacrifice. (An intentional sin can only be cleansed by God’s mercy in response to repentance.) For inadvertent sins, a purification sacrifice is due for each single transgression; one reparation sacrifice covers the entire affair.. He was more stringent with the slave girl since in her case He treated the intentional as unintentional.” Rebbi Jeremiah, Rebbi Abba bar Mamai in the name of Rav: “Flow of semen,” until he ejaculates100Lev. 19:20: “If a man sleep with a woman by flow of semen …” The intercourse of a free man with the slave girl is not punishable unless there was an ejaculation.. Here is written “flow of semen”, and here is written “flow of semen.101In the case of the straying wife, Num. 5:13 reads: “A man slept with her with flow of semen.” Nevertheless, the wife becomes impure and forbidden to her husband already if her paramour’s penis touches her genitals. This seems to contradict our principle that equal expressions used in different circumstances must have equal meanings.” Here102In the case of the slave girl., you say “flow of semen” until he ejaculates. And here103In the case of the straying wife., you say so? Rebbi Yose said, there is a difference, for it is written104Num. 5:13.: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here102In the case of the slave girl., “flow of semen,” until he ejaculates. For what reason is written103In the case of the straying wife. “flow of semen”? For measures105To measure how long the wife must be hidden together with her paramour to be impure and subject to the ordeal. In another connection this is quoted in the Babli, 2b., as it is stated104Num. 5:13.: “She was hidden and became impure”; what is counted as hiding106Babli 4a. The Babli discusses why all these expressions have to be used.? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’98The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11..
As a slave, the girl can not marry and therefore she is free to have guiltless sex with any man not a Jew (cf. Terumot Chapter 8, Note 347). Upon manumission, she becomes a free Jewish woman and able to contract a valid marriage with any Jew who is not a priest. She is permitted to live with a Hebrew slave (Ex. 21:4). Since her relationship with the slave is not a marriage, her affair with another man is not adultery. From the man’s side, the affair with the slave girl is the only sin which can be atoned for by a sacrifice if committed intentionally. A purification sacrifice is possible only for inadvertent sins; the relation with the semi-free girl can be atoned for by a reparation sacrifice. (An intentional sin can only be cleansed by God’s mercy in response to repentance.) For inadvertent sins, a purification sacrifice is due for each single transgression; one reparation sacrifice covers the entire affair.. He was more stringent with the slave girl since in her case He treated the intentional as unintentional.” Rebbi Jeremiah, Rebbi Abba bar Mamai in the name of Rav: “Flow of semen,” until he ejaculates100Lev. 19:20: “If a man sleep with a woman by flow of semen …” The intercourse of a free man with the slave girl is not punishable unless there was an ejaculation.. Here is written “flow of semen”, and here is written “flow of semen.101In the case of the straying wife, Num. 5:13 reads: “A man slept with her with flow of semen.” Nevertheless, the wife becomes impure and forbidden to her husband already if her paramour’s penis touches her genitals. This seems to contradict our principle that equal expressions used in different circumstances must have equal meanings.” Here102In the case of the slave girl., you say “flow of semen” until he ejaculates. And here103In the case of the straying wife., you say so? Rebbi Yose said, there is a difference, for it is written104Num. 5:13.: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here102In the case of the slave girl., “flow of semen,” until he ejaculates. For what reason is written103In the case of the straying wife. “flow of semen”? For measures105To measure how long the wife must be hidden together with her paramour to be impure and subject to the ordeal. In another connection this is quoted in the Babli, 2b., as it is stated104Num. 5:13.: “She was hidden and became impure”; what is counted as hiding106Babli 4a. The Babli discusses why all these expressions have to be used.? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’98The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11..