Mga Sanggunian sa Talmud para sa Exodo 21:8: Jerusalem Talmud Kiddushin, Jerusalem Talmud Ketubot & Kiddushin

⁷⁷The original of this and the following paragraphs is in Šebuot 6:1 (36d, 11. 21–50, ו). There, we have stated: “A judicial oath⁷⁸The oath required by Ex. 22:8 for a person denying a claim when neither he nor the claimant have proof. The defendant can be made to swear only if he admits that at least one peruṭah’s worth of the claim is true; cf. Ketubot 2:1, Note 12 (Mekhilta dR.Ismael,Neziqin2)., for a claim of two silver pieces and a judicial acknowlegdment of a peruṭah. The claim, the House of Shammai say, an obolus⁷⁹One sixth of a drachma identified with the imperial silver denar., but the House of Hillel say, two obols.” The argument of the House of Shammai seems inverted. There⁸⁰Mishnah Qiddušin 1:1. The formulation shows that the origin of the text is in Ševuot., they say, “silver” is a denar, but here, they say that “silver” is an obolus. The argument of the House of Hillel seems inverted. There⁸⁰Mishnah Qiddušin 1:1. The formulation shows that the origin of the text is in Ševuot., they say, “money” is a peruṭah, but here, they say that “money” is two obols. Rebbi Jacob bar Aḥa in the name of Rebbi Ḥanina: The house of Shammai learn from the initial sale of a Hebrew girl¹⁸Ex. 21:11,10, speaking of the “Hebrew slave girl”, the underage girl sold by her father with the understanding that the buyer may use the amount he paid for the girl as bride-money in case he wants to marry her or give her to his son. This certainly is marriage by money. V. 11 notes that if she is not married either within 6 years or by the time she reaches adulthood, she goes free; the money given for her was to buy her working power. V. 10 states that once she is married, she cannot be treated differently from any other wife. It is inferred that as a matter of principle her acquisition cannot be different from that of any other wife.. Since her initial sale was by [at least] a denar, so her preliminary marriage is by [at least] a denar⁸¹It is clear from the biblical text, Ex. 21:7–11, that the person buying an underage Hebrew girl is supposed to marry her when she grows up, or to marry her to his son. The money given for her services is at the same time the money for preliminary marriage. The House of Shammai hold that the original buying price, which later is shown to be at least a silver denar, is the bridal money used for the legal acquisition of the girl as preliminarily wedded wife. The House of Hillel hold that only the amount not amortized by the girl’s work in the meantime is bridal money. Since the master can marry the girl even on the last day of her servitude, he can marry her for a peruṭah’s worth and, as shown before, he can marry any other woman also for a peruṭah’s worth.. The House of Hillel learn from the end of her diminution⁸²Since Ex. 21:8 states that “if she is bad in her master’s eyes, who does not intend her for himself, let her be redeemed”, it is concluded that the Hebrew girl-servant can be redeemed during her servitude, in contrast to the Hebrew indentured servant who has to serve his full six years. Since it is prescribed for the Hebrew servant of a Gentile master that he can be redeemed by paying off the proportion of his original price not amortized by the time spent in servitude (Lev. 25:50), the same must hold for the servant girl. As long as she still is a servant, the redemption price is at least a peruṭah.. Since the end of her diminution is a peruṭah, so her preliminary marriage is by a peruṭah¹⁸Ex. 21:11,10, speaking of the “Hebrew slave girl”, the underage girl sold by her father with the understanding that the buyer may use the amount he paid for the girl as bride-money in case he wants to marry her or give her to his son. This certainly is marriage by money. V. 11 notes that if she is not married either within 6 years or by the time she reaches adulthood, she goes free; the money given for her was to buy her working power. V. 10 states that once she is married, she cannot be treated differently from any other wife. It is inferred that as a matter of principle her acquisition cannot be different from that of any other wife.. What is the reason of the House of Shammai? As it is said: “She leaves gratis, without silver⁸³Ex. 21:11. At the end of six years, the master cannot ask for money to let her go..” Would we not know that it is without money? Why does the verse say, “without silver”⁸⁴Since “gratis” means “without payment”.? 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 obolus⁸⁵Even though in Achaemenid Persia, the silver half-obolus was currency (also minted in the province of Yehud), in later times, prior to the Roman conquest, the obolus was the smallest silver coin. In Roman currency, the denarius was the smallest silver coin.. So why is it not an obolus? Rebbi Abun in the name of Rebbi Judah bar Pazi: For if she wants to diminish, she diminishes every year by an obolus and leaves⁸⁶Since she serves for six years, her price must be a six-fold multiple of a silver coin. This determines the drachma as the minimum price.. Could she not diminish by a peruṭah⁸⁷And be bought at the start for 6 peruṭot.? 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, and at the end of the sixth year, there would be a peruṭah left. But the start of the diminution must be an obolus, 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 peruṭah⁸⁸This argument is correctly missing in Šebuot since the House of Shammai consider the original sum as bride-money, cf. Note 81. The Yerushalmi’s interpretation of the House of Shammai is explicitly rejected in the Babli, 12a.! 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^81,It is clear from the biblical text, Ex. 21:7–11, that the person buying an underage Hebrew girl is supposed to marry her when she grows up, or to marry her to his son. The money given for her services is at the same time the money for preliminary marriage. The House of Shammai hold that the original buying price, which later is shown to be at least a silver denar, is the bridal money used for the legal acquisition of the girl as preliminarily wedded wife. The House of Hillel hold that only the amount not amortized by the girl’s work in the meantime is bridal money. Since the master can marry the girl even on the last day of her servitude, he can marry her for a peruṭah’s worth and, as shown before, he can marry any other woman also for a peruṭah’s worth.⁸⁹The Šebuot text has here an additional text similar to the text used in Qiddušin in the discussion of the House of Shammai: הַגַּע עַצְמְךָ שֶׁאִם נִשְׁתַּיֵּר שָׁם שְׁוֵה פְּרוּטָה שֶׁמָּא אֵינָהּ מְגָרָעַתּוֹ וְיוֹצָא. כְּשֵׁם שֶׁסּוֹף גֵּרוּעֶיהָ בִּפְרוּטָה אַף קִדּוּשֶׁיהָ בִּפְרוּטָה. "Think of it, if there is 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 a peruṭah.".

“If he did not allot her, he must let her be redeemed²³²Ex. 21:8. Mekhilta dR.Šim‘on b.Jochai p. 166; Babli 19a. “Allotment” is the legal term for the preliminary marriage of the slave girl to her master or his son..” This teaches that he cannot allot her for himself unless there is time for her handywork to be worth a peruṭah and that a peruṭah be left to be deducted, the words of Rebbi Yose ben Rebbi Jehudah²³³If he wants to marry her but first extract the maximum of work from the girl, he must divide the money he paid by the number of days of her prospective servitude and marry her as long as at least a peruṭah is not worked off by her. (Since she works at most 6 years, at most 2190 days, if the buying price was at least 11.5 denars he can marry her early on the last day of her servitude.). But the Sages say, he allots any time until sundown²³⁴On the last day of her servitude; Babli 19b.. Rebbi Ḥiyya bar Ada²³⁵In A: “Abba”. Cf. Note 169. said, everybody agrees that for a Hebrew slave only if a peruṭah’s worth is left. Rebbi Yose ben Rebbi Jehudah says it correctly, what is the rabbis’ reason? There is no money left, there is no handiwork left? Rebbi Ze‘ira said, he allots her by speech²³⁶The money he paid to the father was not given for preliminary marriage but to acquire the right to make her his wife by declaration (Interpretation of Maimonides; cf. S. Z. Brauda, בגדרי יעוד, Moriah 23 fasc. 6–7, 2000, p. 100–107.).

“I took”, that excludes assignations⁷⁸If a man buys somebody’s underage daughter as an indentured servant (Ex. 21:7–11) he can later assign the price he paid for her as bride money either for himself or for his son and declare her preliminarily married without investing an additional penny in her. But since the money originally was given for her work as a servant, not for marriage, the husband cannot say “I bought her as a wife”.. Rebbi Jonah said, even following him who says that the money from the start was given for assignation⁸¹In Qiddušin 1:2 (59b 1. 40), Babli 19a, the only other places where the question is raised, only R. Yose ben R. Jehudah holds that the original money was not given with the idea that eventually it would be used as brides-money. But everybody agrees that the verses Ex. 21:8–9 require a separate action of assignment which is distinct from the original acquisition; therefore, the marriage of the indentured servant is not a “buy”.. “I took”, to exclude the one waiting for her levir⁷⁹The levir did not give any money, his deceased brother did.; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate⁸²Cf. Yebamot 12:7, Note 140; Bekhorot Mishnah 1:7.. “I took”, to exclude the preliminarily married one⁸⁰In this case, money was given but the marriage not consummated..