Kiddushin, Daf Kaf Gimmel, Part 4

Introduction

In yesterday s section we learned that R. Shimon be Elazar holds that if the slave goes free by a document of emancipation, it must be accepted by others. The slave cannot accept it himself. Here Rabbah explains why.

אמר רבה מ"ט דר’ שמעון בן אלעזר גמר לה לה מאשה מה אשה עד שיוציא גט לרשות שאינה שלו אף עבד נמי עד שיוציא גט לרשות שאינה שלו

Rabbah said: What is R. Shimon b. Elazar’s reason?

He derives the meaning of lah [to her] here from lah in the context of [married] woman: just as a woman [is not freed] until she takes the divorce document into a domain that is not his [her husband’s], so a slave too [is not free] until he takes his deed [of emancipation] into a domain that is not his [the master’s].

R. Shimon b. Elazar derives his law by connecting the word lah (to her) found in Leviticus 19:20 in the context of a female slave going free with the word lah in the context of divorce in Deuteronomy 24:3. When it comes to divorce, the woman must take the get into a domain that is hers (this would include her hand). The husband can also put in onto property that belongs to her. But it must leave his property. So too, when it comes to a slave going free, the slave must take the domain into property that does not belong to the master. This would preclude accepting the deed of emancipation himself.