Tuesday, 26 January 2016

Gittin 45: Slavery and Aliyah, Ransom for Captives, Kashrut of Ritual Items

The Gemara discusses differences in how slaves and masters are treated in different situations.  For example, a slave that escapes his master from outside of Eretz Yisrael into Hares is treated differently that a slave who escapes his master within HaAretz to outside of HaAretz.  Other determining factors include whether or not the slave has converted to Judaism.  In some cases the master is forced to release his slave with a bill of manumission as well as giving the slave a promissory note (whereby the person enslaved will have to pay back his own 'cost' as he makes that money).

Interestingly, we see here the valuing of the land of Israel above other lands.  The land itself has inherent worth, and masters are held accountable both for leaving HaAretz and for forcing their slaves to 'go down'.  Similarly, slaves are rewarded for making aliyah, going up, into the land of Israel. In creating halachot that reflect that value judgement about the land itself, the rabbis reinforce our focus on Israel that continues to this day.

A new Mishna teaches us about how to deal with people who have been kidnapped and are being held for ransom.  We are not to pay more for captives than their predetermined worth (each person has a predetermined worth determined by gender, social status, age, etc.).  This is because we do not want to drive up the price of ransom.  Further, we are not to assist captive to escape, either because we do not want captors to increase their security and/or because we do not want captors to torture their captives.  All of this is for tikkun haolam, the betterment of the world.

The Gemara wonders what this means, "for the betterment of the world".  Is this about the financial wellbeing of a community?   We are given examples of daughters of wealthy families who are redeemed for far more than their official worth.  

Through an unbelievable story we are told about dealing with captors.  We learn that Rav Ilish wondered about the verse that suggests that women will not be exceptionally righteous, and thus will bring ill fortune.  Rav Ilash notes that even the daughter of Rav Nachman who were extremely righteous were taken captive.  These women were so devout that they could stir boiling pots with their hands. The evil eye caused Rav Ilish to be taken captive with them.  

Rav Ilish was told by another prisoner who could translate the language of birds that a bird was telling Rav Ilish to escape.  Then this man said that a dove called for Rav Ilish to escape.  Rav Ilish took this as a sign for the dove is special to the people of Israel.   He decided to bring Rav Nachman's daughters with him.  Alas, when eavesdropping on them in the washroom (to ensure that they were still worthy of his help), he heard them say that they had married their captors and hoped that their Jewish husbands did not attempt to redeem them.  Rav Ilish then escaped on his own.  When the women were eventually freed, Rav Ilish stated that they were able to stir pots with their bare hands because they were witches, and not because they were righteous.

A new Mishna teaches us that we cannot purchase Torah scrolls, tefillin or mezzuzot from Gentiles who mark up their prices.  This is to ensure that these required religious items do not become exorbitantly priced.  Again, this is for the betterment of the world.

The Gemara considers whether or not these items when owned by Gentiles would be acceptable for religious use.  The rabbis note that people who prepare these religious items must be those people who are obligated by Torah law to participate in their use.  Thus women and minors, for example, cannot make tefillin that can be used by men, for only men are obligated to perform this time-bound mitzvah.  

We are told about a convert who returned to idolatry.  Rav Ashi believes that he should be permitted to read from a Torah scroll that he wrote, for he is still a Jew and thus still obligated to observe the mitzvot.  We are then told about an Arab woman who tried to sell Abaye a basket of tefillin.  Abaye offered her only one date for all of these items.  She was angry and threw them all into the river. Filled with remorse, Abaye said that he should not have insulted the tefillin in her practice; he should have paid her the market value for her tefillin, even if they were not going to be used.

A final Mishna shares more insights about what should be done for the betterment of the world.  This time, the rabbis consider a man who has divorced his wife and wishes to remarry.  First, a man who divorces his wife because of her bad reputation (ie. she has committed adultery) may not remarry her later.  Similarly, if he divorces her due to a vow that she took, he may not remarry her in the future.  Rabbi Yehuda suggest a slight difference - if he divorced her because of a vow that was made privately, he may remarry her.  If the vow was made public, he cannot remarry her.

The rabbis then add further detail regarding who might remarry his wife depending on whether or not a vow might have required investigation by halachic authorities.   Finally, we are told of a case where a man divorced his wife based on a konam, a vow regarding something forbidden like an offering.  The rabbis allowed this man to remarry his wife based on the betterment of the world.












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