Kiddushin, Daf Kaf, Part 2

 

Introduction

The Torah states, If he came in begapo , he shall leave begapo ; if he had a wife, his wife shall leave with him.

What does the word begapo mean?

 

ת"ר (שמות כא, ג) אם בגפו יבא בגפו יצא בגופו נכנס בגופו יצא רבי אליעזר בן יעקב אומר יחידי נכנס יחידי יצא

 

Our Rabbis taught: If he came in [be-gapo], he shall go out [be-gapo], if he came in with his [whole] body [be-gufo] he goes out with his [whole] body.

R. Eliezer b. Jacob said: If he came in single, he goes out single.

 

There are two positions here as to the meaning of be-gapo. But even these interpretations are difficult to understand. The Talmud will explain them as we proceed.

 

מאי (בגפו) בגופו נכנס בגופו יצא? אמר רבא לומר שאינו יוצא בראשי אברים כעבד

 

What is meant by if he came in with his [whole] body he goes out with his [whole] body ?

Rava said: It means that he is not freed through [the loss of his] major limbs, as is a non-Jewish slave.

 

The first opinion in the baraita read begapo is if it said begufo (the Hebrew letters are the same. But what does this mean?

Rava interprets it to mean that if his master strikes him and he loses a limb, he does not go free as does a non-Jewish slave.

 

א"ל אביי ההוא (שמות כא, ז) מלא תצא כצאת העבדים נפקא

 

Abaye said to him: But that is deduced from, she shall not go out as slaves do (Exodus 21:7)?

 

Abaye finds another place to derive the law that a Jewish slave does not go out with loss of major limb. The Torah explicitly states that a female Jewish slave does not go out as slaves do and this can be interpreted to refer to the law that a non-Jewish slaves go out at loss of major limb.

 

אי מהתם הוה אמינא ניתיב ליה דמי עיניה וניפוק קמ"ל

 

If from there, I would have thought, He must pay for his eye, and then he goes free.

Therefore he teaches us [otherwise].

 

If the Torah had only stated that he does not go out as do Canaanite slaves, I might have thought that when it comes to Jewish slaves, if the master causes a loss of limb the master must pay for the loss and then he goes free. This would be different from a Canaanite slave who simply goes free without compensation..

 

ר’ אליעזר בן יעקב אומר יחידי נכנס יחידי יצא מאי יחידי יצא אמר רב נחמן בר יצחק הכי קאמר יש לו אשה ובנים רבו מוסר לו שפחה כנענית אין לו אשה ובנים אין רבו מוסר לו שפחה כנענית

 

R. Eliezer b. Ya akov said: If he comes in single, he goes out single.

What is meant by he goes out single ?

R. Nahman b. Yitzchak said: This is what it means: If he has a wife and children [when entering servitude], his master may give him a non-Jewish slave; if he has no wife and children, his master may not give him a non-Jewish slave woman.

 

R. Nahman b. Yitzchak interprets R. Eliezer s opinion to mean as follows: If he came in without a wife, the master cannot force him to take a wife ( if he came in single, he goes out single ). But if he came in with a wife, the master can force him to take another wife.

 

I should note that the pshat of the verse is almost certainly that if the slave came in unmarried, he goes out unmarried, and if he came in married, his wife and children go out with him. But this is a hard verse for the rabbis to countenance for it is too obvious. If he came in single, why would he go out anything but single? He has no wife! And if he came in married with his kids, of course his kids and wife go out with him! They were not bought as slaves. Therefore, the rabbis have to find alternative meanings for this verse.