A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Kiddushin 20A - 20B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
September 23, 2006
Duration
57:52

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The Daf Yomi B'Sichat edition, an audio series of the Talmud Bavli, is currently exploring Masechet Kiddushin. This session is generously sponsored by our good friend Mr. Chaim Dana, who is blessed with the merit of honoring his wife, Bina bat Rivka. We pray that they enjoy many years of Shalom Bayit, success, Hatzlacha, and abundant blessings, including health, happiness, and Nachat from their children, amen. Today’s Daf is Daf Kaf, and we dedicate our learning to the elevation of the souls of Moshe ben Yosef ben Sarah and Marat Zehavat Yafa bat Sarah, as well as Avraham ben Ester. May their souls find rest in Gan Eden, amen. We also pray for a complete recovery for Moshe ben Bina, Sarah Ruhama bat Rachel, Sarah bat Rachel, Sivan ben Ester, and Rabbi Mordechai Semach ben Mazal Tov. May they be granted healing of body and soul, amen.

We begin today’s Daf on Daf Kaf, Amud Rishon, starting with the phrase Tanya Chada, seven lines down from the last word on the line. Here we encounter an interesting case within a Baraita. The Baraita states that it is permissible for a son to sell an Ama Ivriya, a Hebrew maidservant, to his father. However, it is explicitly stated that a father cannot sell an Ama Ivriya to his son. Another Baraita states that a father cannot sell an Ama Ivriya either to his father or to his son. This presents a contradiction between the two Baraitot.

We can understand the first Baraita, which allows selling to one’s father, as aligning with the opinion of the Rabbis, who maintain that relatives cannot be sold to each other. The reasoning here is that since a Yi'ud (designation) cannot take effect when a father sells his daughter to his father, this creates a situation where the grandfather cannot marry his granddaughter, or where a son cannot marry his sister. Therefore, the sale is not valid in these cases, and it is consistent with the Rabbis' view that prohibits selling to relatives.

However, the opinion that allows selling to a father but prohibits selling to a son raises a question. If selling to relatives is permissible, one should be able to sell to all relatives. Conversely, if selling to relatives is prohibited, then it should be forbidden across the board. This Baraita creates a division, stating that one can sell to a father but not to a son. This view does not align with either the Rabbis or Rabbi Eliezer, who believes that one can sell to relatives.

The Gemara suggests that this Baraita actually follows the Rabbis, who generally prohibit selling to relatives; however, they would agree that if there is a potential Yi'ud, it is permissible. The case of potential Yi'ud occurs when a father sells his daughter to his father. In this case, the grandfather has a son, who is the uncle, and he can marry his niece. Thus, selling to the father is acceptable because there is a potential for Yi'ud through the uncle.

In contrast, when a father sells his daughter to his son, the son cannot marry his sister, and therefore, this is prohibited without any potential for Yi'ud. This illustrates the reasoning behind the Rabbis' ruling that allows the sale to a father but prohibits it to a son due to the lack of potential Yi'ud.

Next, the Gemara presents a teaching: "If he comes in single, he leaves single." This refers to the law concerning an Eved Ivri, a Hebrew servant. If he entered servitude single, he cannot leave with a wife or children. When a master gives him a Shifcha Kena'anit, a Canaanite maidservant, this is only permissible if the servant is already married. If he is single, the master cannot provide him with a maidservant for procreation.

The Gemara continues to discuss the rules surrounding an Eved Ivri and how he can redeem himself. If he was sold for a specific amount, he can redeem himself based on the depreciation of that amount over time. If the servant was sold for six years, he can calculate how much he has left to serve and redeem himself accordingly.

However, the Gemara raises a new scenario: if the servant was sold for a certain amount and then appreciated in value, how do we determine his redemption price? The Baraita states that if he was sold for a maneh and then appreciated to matayim, we still calculate his redemption based on the original price, as indicated by the verse: "Mikesef Miknato." This principle ensures that the servant does not lose out due to fluctuations in his market value.

Conversely, if the servant was sold for a higher price and then depreciated, the same principle applies; we evaluate his redemption based on the original sale price. The Gemara emphasizes that the servant always receives the advantage of the lower price, regardless of market fluctuations.

The Gemara then explores whether an Eved Ivri sold to a non-Jew can make a partial redemption. This question arises because the laws governing an Eved Ivri and a field sold to a non-Jew share similarities in terms of redemption. The Gemara clarifies that just as one cannot partially redeem a field, one cannot partially redeem an Eved Ivri sold to a non-Jew.

As the discussion continues, the Gemara presents a new case involving the sale of a house in a walled city. The law states that the seller has one year to redeem the house. After one year, the sale is final, and the buyer retains ownership. The Gemara questions whether one can redeem half the value of the house or if the redemption must be complete.

Through a series of logical deductions and comparisons to other cases, the Gemara concludes that just as one cannot redeem a field partially, one cannot redeem a house in a walled city partially. This conclusion reinforces the strictness of the law surrounding property transactions in these contexts.

Ultimately, the Gemara navigates through various scenarios, applying principles of halacha to ensure clarity and precision in understanding the laws governing Hebrew servants and property transactions. Each ruling is carefully examined, emphasizing the importance of maintaining the integrity of halachic principles while addressing the complexities of real-life situations.