תּלמוד אויף שמות 21:11

So we learned intercourse without money. Money without intercourse, from where? “She shall go free, without money.” “If he did acquire another one.”¹⁸Ex. 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 one was by money, so the other is by money¹⁹In Mekhilta dR.Simeon bar Ioḥai (p. 167) the argument is inverted: Since in general a woman may be acquired by a document, so Hebrew slave girls may be acquired by a document..

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.".

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..