Talmud do Wyjścia 21:7

²⁶²Babli 19b; Mekhilta dR.Šim‘on b,Jochai, p. 165.“As a slave girl.²⁶³Ex. 21:7” Only as a slave girl: this teaches that he may sell her on condition that he not have the right of allotment over her, the words of Rebbi Meïr. But the Sages say, he did not do anything, for he stipulated against what is written in the Torah, “and the stipulation of anybody who stipulates against what is written in the Torah is invalid.”²⁶⁴Mishnah Baba meṣi‘a 7:14. But does Rebbi Meïr not agree that “the stipulation of anybody who stipulates against what is written in the Torah is invalid”²⁶⁵Since the Mishnah is anonymous and is based on R. Meïr’s compilation, it is assumed that it represents R. Meïr’s position.? He accepts it if it is impossible to keep the stipulation in the end, but here it is possible to keep the stipulation in the end²⁶⁶This is explicitly stated in Baba meṣi‘a 7:14. Since the master is not required to marry his servant, he will not infringe on any biblical obligation by agreeing not to marry her. Everybody will agree that if a man marries a woman on condition that she be freed from levirate or ḥalîṣah if he should die childless, the stipulation is invalid since it infringes on obligatory biblical law.. Do the rabbis not agree about a stipulation which it is possible to keep in the end? They agree to it in money matters²⁶⁷For which it is formulated in Mishnah Baba meṣi‘a 7:14; cf. Ketubot5:10 Note 227 where all references are given., but this is a personal matter. But did we not state: A person may marry a woman and stipulate with her that she have no claim on him for food, clothing, or marital relations²⁶⁸In the Babli, 19b, it reads: “A person may marry a woman and stipulate with her that she have no claim on him for food, clothing, or marital relations; she is married and the stipulations are void, the words of R. Meïr; R. Jehudah says, in money matters his stipulation is valid.” As noted in Ketubot 5:10 Note 227, R. Jehudah’s opinion is accepted in the Yerushalmi as generally valid.? One understands food and clothing. But are marital relations not a personal matter? Rebbi Ḥiyya bar Ada said, explain it for an underage girl²⁶⁹Who does not expect sexual relations.. How can that Tanna explain “as a slave girl”²⁷⁰R. Meïr who denies the ability of the father to exclude allotment.? He may sell her as a widow to the High Priest, as a divorcee or one who received ḥălîṣah to a common priest²⁷¹The father may sell her to a person unable to marry her by biblical law (Babli 19b; Mekhilta dR.Šim‘on b,Jochai, p. 165).. How can that Tanna explain “as a servant”? Rebbi Yose ben Rebbi Abun said, explain it by a widow from preliminary marriage²⁷²Since an underage girl is emancipated from her father by definitive marriage (Ketubot 4:3, Note 42), the girl sold as a widow or divorcee must be a widow or divorcee after preliminary marriage only. The mention of ḥăliṣah is a slip of the pen because of the usual combination of the terms; for the House of Hillel ḥălîṣah is possible only after definitive marriage (Yebamot 1:6, Note 192).. But was it not stated: A person may sell his daugher into marriage²⁷³Preliminary, not definitive. and repeat, into servitude and repeat, into marriage after servitude, but not into servitude after marriage²⁷⁴Babli 18a; Massekhet ‘Avadim 1.? Rebbi Joḥanan said, these are different Tannaïm. He who states “a widow to the High Priest” agrees to servitude after marriage; he who does not state “a widow to the High Priest” does not agree to servitude after marriage. How does the latter Tanna explain “as a servant”²⁷⁵As servant only, excluding the possibility of marriage; cf. Note 243.? Rebbi Mattaniah said, explain it if [the master] was married to her sister²⁷¹The father may sell her to a person unable to marry her by biblical law (Babli 19b; Mekhilta dR.Šim‘on b,Jochai, p. 165)..

MISHNAH: What is the difference between a man and a woman? A man is dishevelled and with open seams²²¹A man afflicted with skin disease must have dishevelled hair and wear clothes open at the seams (Lev.13:45). It is written in v. 44: He is a man with skin disease., no woman is dishevelled and with open seams. A man can make his son a nazir²²²Mishnah Nazir 4:6. The nazir is forbidden all grape products, may not cut any hair, and may not defile himself in the impurity of the dead. A father can decree that his underage son be a nazir as long as neither the child nor the relatives object. He then is responsible for the cost of all sacrifices due at the end of the nezirut period., no woman can make her son a nazir. A man can shave using his father’s vow of nazir²²³“Shaving” stands here for the entire ceremony which ends the nezirut period, Num. 6:13–21. If both father and adult son were nezirim, the father had already bought the required sacrifices (one male and one female sheep, and one ram) when he died before using them, the father’s dedication is validly transferred to the son., no woman can shave using her father’s vow of nazir. A man can betrothe his daughter²²⁴If a man marries off his underage daughter, the marriage is valid by biblical standards. This is derived from Deut. 22:16, where the father declares: I gave my daughter to this man as a wife. After the father’s death, the widow may only marry off her underage daughter by rabbinic standards. A fully adult daughter must find her own husband., no woman can betrothe her daughter. A man can sell his daughter²²⁵Ex. 21:7: “If a man sell his daughter as a slave”. In rabbinic theory, the institution of Hebrew slavery was bound to that of the Jubilee year. The latter is predicated on the clan holdings of land received under Joshua. Therefore, the Jubilee year should have been disestablished with the first Assyrian deportations of the Ten Tribes., no woman can sell her daughter. A man is stoned naked²²⁶Mishnah Sanhedrin 6:3–4., no woman is stoned naked. A man is hanged²²⁷Deut. 21:22: “If a man was guilty of a capital crime and executed, you should hang him on a wooden pole.” This refers explicitly to a man., no woman is hanged. A man is sold for his theft, no woman is sold for her theft.

“A man can sell his daughter,” for it is written²³⁰Ex. 21:7.: “If a man sell his daughter as a handmaid. “A man can betrothe his daughter,” as it is written²³¹Deut. 22:16.: “I gave my daughter as a wife but he hated her.”

“A man is sold for his theft,” for his theft but not for the double restitution²²⁸Lev.13:44: “A man afflicted with skin disease is he, impure is he, the Cohen shall certainly declare him impure if his disease is on his head.”
A slightly more complete text in Sifra Tazria‘ Pereq12(1); a shortened text in Babli 23 a, Keritut8b, Arakhin3a.. For his theft but not for his perjury²²⁹The Babli (Soṭa 23 b; Nazir 25 a/b, 28b, 30a, 61b) and dependent sources [Num. rabba 10 (20] disagree and quote R. Joḥanan insisting that according to the biblical text, nobody can impose a state of nazir on another person but that it is traditional practice (in the words of the Midrash: “going back to Moses on Mount Sinai”) that a father may force his son to be a nazir, implying that nobody can dissent.
The same paragraph is found in Nazir 4:6, fol. 53c.. For his theft he is not sold twice. There is only a monetary claim on him. That means, for one theft, but for two thefts he can be sold a second time²³⁰Ex. 21:7.. Rebbi Jeremiah asked: If he stole from a partnership, how are you treating this? As one theft or as two thefts²³¹Deut. 22:16.? If he stole and removed [things] in the night, we would say that if the owners realized [the loss] in the meantime, there are two thefts; otherwise, it is one theft.