Kiddushin, Daf Kaf Gimmel, Part 1

Introduction

Today s section contains a story related to the issue of acquiring a slave through hazakah, an act which creates the presumption of ownership.

ר’ יהודה הנדואה גר שאין לו יורשין הוה

חלש על מר זוטרא לשיולי ביה חזייה דתקיף ליה עלמא טובא

אמר ליה לעבדיה שלוף לי מסנאי ואמטינהו לביתא

איכא דאמרי גדול הוה זה פירש למיתה וזה פירש לחיים

R. Judah the Indian was a convert who had no heirs. He fell sick and Mar Zutra went to check on his welfare. He saw that he was deathly ill. He said to his [R. Judah’s] slave, Take off his shoes and take them to my house.

Some say: He [the slave] was an adult: he [R. Judah] departed to death, and the other [the slave] departed [from his former master] to life.

According to halakhah, a convert who does not have offspring, has no heirs because when he converts, he cuts off ties with his former family. Thus, the issue at stake here is when R. Judah dies, who inherits his slave. Has Mar Zutra has acquired the slave by having the slave take the shoes to his house?

According to the first opinion, he has. The slave has acted as a slave for Mar Zutra, and therefore, when R. Judah dies, Mar Zutra becomes the slave s owner.

ואיכא דאמרי קטן הוה ודלא כאבא שאול דתניא גר שמת ובזבזו ישראל נכסיו והיו בהן עבדים בין גדולים בין קטנים קנו עצמן בני חורין אבא שאול אומר גדולים קנו עצמן בני חורין קטנים כל המחזיק בהן זכה בהן:

Others say: He was a minor, and this was not in accordance with Abba Shaul. For it was taught: If a convert dies [without heirs] and Jews plundered his property which includes slaves, whether adults or minors, they become free.

Abba Shaul said: Adults become free, but as for minors, whoever takes possession of them gains a title to them.

Others interpret the story to refer to a minor slave. If a convert dies, his adult slaves go free according to all opinions. According to Abba Shaul, minors do not become free. Thus Mar Zutra did not have to send the slave to do an errand for him. He would have remained a slave in any case, and Mar Zutra could have just taken him as a slave after R. Judah s death.