Kiddushin, Daf Tet Vav, Part 3

 

Introduction

The Talmud continues to explicate the baraita about the differences between the slave who was sold into slavery by the court and the slave who sold himself into slavery.

 

מ"ט דת"ק דאמר מוכר עצמו אין רבו מוסר לו שפחה כנענית מיעט רחמנא גבי מכרוהו ב"ד (שמות כא, ד) אם אדוניו יתן לו אשה לו ולא למוכר עצמו

 

What is the reason of the tanna kamma who holds, to the one who sells himself, his master cannot give a Canaanite slave woman? The Torah excluded this with regard to one sold by the court: If his master gives him a wife (Exodus 21:4), him, but not one who sells himself.

 

This section is basically the same as the opening of yesterday s section. The Torah says him in Exodus, a verse regarding one whom the court sold into slavery. He may be given a Canaanite slave as a wife, but not one who sells himself into slavery.

 

ואידך לו בעל כרחו

ואידך מכי משנה שכר שכיר נפקא דתניא (דברים טו, יח) כי משנה שכר שכיר עבדך שכיר אינו עובד אלא ביום עבד עברי עובד בין ביום ובין בלילה וכי תעלה על דעתך שעבד עברי עובד בין ביום ובין בלילה והלא כבר נאמר (דברים טו, טז) כי טוב לו עמך עמך במאכל עמך במשתה וא"ר יצחק מכאן שרבו מוסר לו שפחה כנענית

 

And the other [R. Elazar]? Him — even against his will.

And the other? That is derived from, For double the work of a hired servant [he has served you] (Deuteronomy 15:18). For it was taught: For double the work of a hired servant [he has served you] a hired servant works by day only, whereas a Hebrew slave works by day and night. Could you really think that a Hebrew slave works by day and night: is it not written, Because it goes well for him with you (Deuteronomy 15:16), [this teaches] that he must be equal with you in food and drink? And R. Yitzchak said: From this it follows that his master can give him a Canaanite handmaid [as a wife].

 

R. Elazar uses the word him to teach that the master can force his Hebrew slave to marry a Canaanite slave woman. The other rabbis learn this halakhah from the verse that teaches that a Hebrew slave works twice as hard as a hired servant. The hired servant works only by day, but the Hebrew slave works at night by having sex with the Canaanite slave woman given to him by his master. [Again, this is a theoretical halakhah, one that probably explains why the Hebrew slave s offspring belong to his master. They follow the status of the mother. But such a halakhah was probably never enforced].

 

ואידך אי מהתם הוה אמינא ה"מ מדעתיה אבל בע"כ אימא לא קמ"ל

And the other? If from there, I might have said: That is only with his consent, but not against his will; therefore we are told [otherwise].

 

R. Elazar says that we need the word him to prove that this can be done against the Hebrew slave s will. The other verse would only prove that he can take a Canaanite slave as a wife.