Kiddushin, Daf Yod Zayin, Part 1

 

Introduction

Today s section discusses the Hebrew slave who cannot serve his whole six year term of servitude due to illness. Does he have to complete it when he becomes healthy?

 

אמר מר יכול אפילו חלה ת"ל ובשביעית יצא אפילו חלה כל שש

והתניא חלה שלש ועבד שלש אינו חייב להשלים חלה כל שש חייב להשלים

 

The Master said: I might have thought that even if he fell sick [he must serve the six years], Scripture says: "And in the seventh he shall go out free even if he was sick the whole six [years]?

But it was taught: If he was sick three years and served three years, he is not obligate to complete [his term]; but if he was sick the whole six years, he is obligated to make it up!

 

According to the baraita we learned yesterday, it would seem that if the slave is sick and misses time during which he could work, he still goes out free at the seventh year. But according to the second baraita, this is true only if he works part of the time. If he is sick all six years, he does not go free.

 

אמר רב ששת בעושה מעשה מחט

 

R. Sheshet said: This means that he was able to perform needle-work.

 

If he is able to do some minimal work while he is ill then he need not make up missed time. But if he cannot do anything, then he must make up the missed time.

 

הא גופא קשיא אמרת חלה שלש ועבד שלש אין חייב להשלים הא ארבע חייב להשלים

אימא סיפא חלה כל שש חייב להשלים הא ד’ אין חייב להשלים

הכי קאמר חלה ד’ נעשה כמי שחלה כל שש וחייב להשלים :

 

The baraita is self-contradictory. You said: If he was sick three years and served three years, he is not obligated to complete [his term], if four years he must complete [his term].

Then what about the last clause: but if he was sick the whole six years, he is obligated to make it up. But if [he is sick for only] four, he is not?

This is what it means: If he was sick for four years, it is as if he was the whole six years, and he must make it up.

 

The baraita is somewhat unclear does he have to serve at least three years (first clause) or not (second clause)? The Talmud resolves by saying essentially that he must serve three years. If he is sick for four years, it is as if he was sick for all six and he must make up the missed years.