Sunday, 24 January 2016

Gittin 43: Half-Slaves, Emancipation, Time

The rabbis continue to discuss the intricacies of granting slaves their freedom.  Those who are half-slaves could fall between the lines in many circumstances.  Many of those examples are jarring to read.  We learn that in some cases, a slave is worth nothing.  For example, when a slave cannot perform labour because he has an injury that will not heal within twelve months, or if a slave has boils and "is not fit to stand before" his master, he is worth nothing.  This is because he cannot be sold.  To conceive of people as worthless is incredibly disturbing.

Betrothal is always complicated with those who are half-freew - issues of true acquisition, heirs, ransoms, etc.  The Gemara discusses cases where a maidservant is half freewoman.  The rabbis have many concerns, from when emancipation takes place to the obligation for women to reproduce.

A new Mishna teaches that a slave who is sold outside of Israel to Jews, or inside of Eretz Yisroel, is emancipated.  The Gemara tells us that this is proven by Torah texts.  It goes on to teach that one who borrows on the bases of that slave also emancipates that slave.  The rabbis attempt to understand how such a transaction might have worked.  They speak about the exemption from tithing, and about the notion of "time" as a defining measure for a slave's move to another household.  




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