ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kidushin 22
KIDUSHIN 22 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel
David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as
Hashem.' Dedicated by her son.
(a) We learn from the double Lashon "ve'Im *Amor Yomar* ha'Eved" - that he
needs to declare his intention to remain, twice.
The Eved must says 'Lo Eitzei Chofshi' twice before the beginning of and
twice during the last P'rutah's worth of work (see Rashash).
(b) And we learn in this regard from the Pasuk ...
1. ... "Lo Eitzei Chofshi" - that it will not suffice to say it twice at the
beginning of the six-year term, because he needs to say it shortly before he
(c) According to our initial understanding of 'T'chilas Sheish' and 'Sof
Sheish', the problem with ...
2. ... "Im Amor Yomar *ha'Eved*" - that it will not suffice to say it twice
at the end of the six-year term (on the last day), because he needs to say
it as long whilst he is still an Eved.
1. ... the 'Havah Amina' that it will suffice to say ' ... Lo Eitzei
Chofshi' twice at the beginning of the six-year period is problematic -
because at that early stage, how will he be able to say 'Ahavti es Ishti
(d) So we interpret 'T'chilas Sheish' and 'Sof Sheish' to mean - any time
before the commencement of the last P'rutah's worth of work and any time
during that last P'rutah's worth, respectively.
2. ... saying that it will not do to say it at the end of six years because
he must say it as long as he is still an Eved - because even on the last
day, he is still called an Eved.
(a) The Tana of the Beraisa learns from the Pasuk ...
1. ... "Ki Aheivcha *ve'es Beisecha*" - that his master, like himself, must
have a wife and children before he is permitted to remain for more than six
(b) And he learns from the Pasuk ...
2. ... "Ahavti ... es Ishti ve'es Banai" - that *he* has to have a wife and
1. ... "Ki Tov Lo Imach" - that if he loves his master, but his master does
not love him, he is not permitted to remain.
(c) The other mutual condition that must be met for the Eved Ivri to be
permitted to stay on is - that the one should not be healthy and the other
one, sick (from the Pasuk "Ki Tov Lo Imach").
2. ... "Ki Aheivcha" - that if his master loves him but he does not live his
master, he is not permitted to remain either.
(d) Rav Bibi bar Abaye's She'eilah on this matter remains unanswered. Based
on the contrasting implications of "Imach" on the one hand, and "Ki Tov Lo
Imach" on the other, his She'eilah is - whether the Eved is permitted to
remain if they are both sick (because on the one hand, it is "Imach", but on
the other hand, it is not "Ki Tov Lo Imach").
(a) Rebbi Shimon explains the Pasuk "ve'Yatza me'Imach, Hu u'Vanav Imo" - to
mean (not that the children were obligated to work during the six years,
but) that the master was obligated to sustain them.
(b) And he makes the same observation regarding the Pasuk "ve'Yatz'ah Ishto
Imo". Having taught this by the man's ...
1. ... children, the Torah found it necessary to repeat it by his wife -
otherwise we may have thought that she should work and provide for herself
(which cannot be expected of the children).
2. ... wife, the Torah found it necessary to repeat it by his children -
because we might otherwise have thought that they should go around the
houses begging for alms (which cannot be expected of his wife).
(a) The Torah writes "ve'Higisho el ha'Deles" . Had the Torah written
"ve'Higish Ozno ba'Deles", we would have thought - that the master first
pierces the Eved's ear, then places it next to the door and bores a hole on
the other side of the door until it reaches the ear.
Raban Yochanan ben Zakai and Rebbi Shimon b'Rebbi Darshened the Pasuk in
Mishpatim like a spice or jewel-holder (that was hung around the neck).
(b) We could not have thought that he pierces the door but not the Eved's
ear - because the Torah then writes "ve'Ratza Adonav es Ozno".
(c) The master actually - places the Eved's ear to the door and bores
through it until the awl reaches the door.
(d) We know that the door must be standing and not lying down - because the
Torah writes "ba'Deles O ba'Mezuzah", for the sole purpose of teaching us
that the door must be standing (like a door-post, which is only called
'Mezuzah' when it is standing).
1. Raban Yochanan ben Zakai based on the Pasuk "Ki Li B'nei Yisrael Avadim",
Darshened - that the reason that, of all limbs, it was the ear that had to
be pierced, is because the ear heard at Har Sinai "Ki Li B'nei Yisrael
Avadim", yet the owner of the ear ignored the warning, and went and acquired
himself a (permanent) master.
2. Rebbi Shimon b'Rebbi Darshen based on the same Pasuk - that the reason
that, of all the vessels in the home, it had to be the door and the
door-post against which the ear was pierced, is because they were witnesses
when Hashem passed over them and declared (tradition has it that this Pasuk
was said in Egypt, too) "Ki Li B'nei Yisrael Avadim".
(a) An Eved Cana'ani is acquired with "Kesef, Sh'tar and Chazakah (like
Karka). The two possible ways in which he can acquire himself, according to
the Tana of our Mishnah are - Kesef and Sh'tar.
(b) Rebbi Meir says 'be'Kesef al-Yedei Acheirim, u'vi'Sh'tar al-Yedei
Atzmo'. He cannot pay the money that sets him free, himself - because he
holds that there is no way that an Eved can acquire anything without his
master automatically acquiring it.
(c) The Rabbanan say 'be'Kesef al-Yedei Atzmo u'vi'Sh'Tar al-Yedei
Acheirim'. They permit him to hand the money to his master, himself -
provided the money is handed to him by others on the express condition that
his master does not acquire it.
(a) We learn from the Pasuk "ve'Hisnachaltem Osam li'Veneichem Achareichem
Lareshes Achuzah" - that one acquires Avadim Cana'anim with Chazakah.
(b) One is nevertheless not obligated to return them in the Yovel (like
Karka) - because the Torah writes in Behar "Le'olam Bahem Ta'avodu".
(c) The Tana of the Beraisa includes Chalipin in the list of Kinyanim with
which one can acquire an Eved Cana'ani, and Shmuel includes Meshichah. The
Tana of our Mishnah omits Chalipin - because he only includes those Kinyanim
that do not apply to Metaltelin.
(d) Shmuel, who includes Meshichah in the above list, distinguishes between
pulling the Eved by force and calling him - inasmuch as the former acquires
him, but the latter does not.
(a) The Tana of our Mishnah omitted Meshichah for the same reason as he
omitted Chalipin. According to Shmuel, the Tana of the Beraisa, who inserted
Chalipin in the list, nevertheless omits Meshichah - because he only inserts
that what applies both to Karka and Metaltelin, whereas Meshichah is
confined to Metaltelin.
(b) One acquires an animal through ...
1. ... Mesirah - by grasping the animal by its hoofs, its mane, and even by
its saddle, the load on the animal's back or the bit in its mouth.
(c) According to the Tana Kama, as soon as the animal has lifted up its
forelegs and its hind legs, the buyer acquires it. Rebbi Asi (or Rebbi Acha)
says - that it must walk at least its own length before he acquires it.
2. ... Meshichah - by causing it to move. The two descriptions given by the
Tana to illustrate how it is done are - either by calling it or by hitting
it with a stick.
(d) Although calling an animal is a branch of Meshichah regarding animals -
that is because that an animal comes when it is called is a matter of
instinct; whereas an Eved, who is after all, a human being, comes, not out
of instinct, but because he chooses to, which is not indicative of ownership
(the essence of Chazakah). Rava Ashi adds though, that an Eved Katan is like
an animal in this regard.
(a) The Tana Kama in the Beraisa lists the various ways in which Chazakah
acquires an Eved Cana'ani. Besides untying his new master's shoes, taking
his fresh clothes to the bathhouse, undressing him, bathing him and picking
him up, he includes - anointing him, scratching him, dressing him and tying
(b) When Rebbi Shimon says that Chazakah should not be better than Hagbahah,
he is coming to argue with the Tana Kama, who lists the Eved picking up his
new master, but not vice-versa. He does not see why, if Chazakah acquires
him, Hagbahah should not acquire him, too.
1. We refute the suggestion that seeing as when the Eved picks up his
master, he acquires him, a man should then acquire a Shifchah Cana'anis
through Bi'ah - on the grounds that Chazakah only acquires on the condition
that the master derives benefit from the Kinyan, but not the Eved.
2. Rav Achye bar Adye from Acha refutes the suggestion that in that case, he
ought to at least acquire her through an unnatural Bi'ah, even assuming that
she derives no pleasure from such a relationship - on the grounds of the
Pasuk in Kedoshim "Mishkevei Ishah", thereby comparing an unnatural Bi'ah to
a natural one (in which case, wherever the one does not acquire, the other
will not acquire either).
(a) Mar Zutra went to visit Rebbi Yehudah Hindu'ah - a Ger without heirs,
who had fallen ill.
(b) To ensure that he would acquire Rebbi Yehudah Hindu'ah's Eved Cana'ani
when he died - Mar Zutra instructed him to remove his shoes and take them to
the bathhouse for him.
(c) Some say that the Eved was a Gadol, and that Mar Zutra therefore needed
to do what he did - in order to prevent him from automatically acquiring
himself the moment his master died (because, since he would then be in the
process of serving Mar Zutra, Mar Zutra would acquire him before he had a
chance to acquire himself).
(d) Others say that he was a Katan, and he did it because he did not hold
like Aba Shaul, who maintain that a Katan does not acquire himself
automatically (but like the Chachamim, who do not distinguish between a
Gadol and a Katan in this matter.