(a)The Rabanan in our Mishnah do not consider freeing a slave a liability, since the owner could have stopped feeding him anyway, had he so wished. We try to prove from here that a master can force his slave to work without feeding him. What would it mean in practical terms if he could? Does it mean that he would starve to death?
(b)Why is there in fact, no proof from here that he may?
(c)Then why can he not say the same to his wife?
(d)If the case of Get Ishah speaks when she is unable to sustain herself, then why can the case of Shtar Shichrur not be speaking about such a case too?
1)
(a)The Rabanan in our Mishnah do not consider freeing a slave a liability, since the owner could have stopped feeding him anyway, had he so wished. We try to prove from here that a master can force his slave to work without feeding him - meaning that the slave would have to go knocking on doors begging for alms.
(b)In fact, there is no proof from here that he may - because the Tana could be speaking when the master said to the slave 'Use the proceeds of your work to sustain yourself'.
(c)He cannot say the same to his wife - because it is speaking about a case where she is unable to make ends meet.
(d)The case of Shtar Shichrur cannot be speaking in he same circumstances, because, if it was, and the master would be obligated to supplement the slave's work (as he does in the case of his wife) - then what would be the point of keeping a slave who costs the master more than he produces?
2)
(a)The Tana of the Beraisa exempts a master from feeding a slave who had to run to a city of refuge. Who receives what he produces?
(b)In this case too, we refute the apparent proof that a master can force his slave to work without feeding him, by establishing the Beraisa when the master said to the slave 'Use the proceeds of your work to sustain yourself'. In that case, on what grounds will the master receive what the slave produces?
(c)Why is this not obvious?
(d)Why did the Tana choose to teach us this Halachah specifically in connection with a slave who has to run to a city of refuge?
2)
(a)The Tana of the Beraisa exempts a master from feeding a slave who had to run to a city of refuge - and the master receives what he produces.
(b)In this case too, we refute the apparent proof that a master can force his slave to work without feeding him, by establishing the Beraisa when the master said to the slave 'Use the proceeds of your work to sustain yourself'. Nevertheless, the master receives what the slave produces - in a case where the slave produces more than his needs.
(c)This is not obvious at all - because we might have thought that seeing as when he does not produce extra, he does not need to give his master anything, when there is, he is not obligated to give it to him either.
(d)The Tana chose to teach us this Halachah specifically in connection with a slave who has to run to a city of refuge - to teach us that, in spite of the Pasuk "v'Chai ba'Hen" (from which we learn the obligation of helping the fugitive in the city of refuge), the master nevertheless receives the extra sustenance that the slave produces, and we do not put it away for the benefit of the slave (as a safety measure for a day when he does not manage to make ends meet).
3)
(a)What does the Tana of the Beraisa say in the Seifa regarding a woman who has to run to a city of refuge? Who provides for her there?
(b)What can we extrapolate from that? How does this clash with the way we just explained the Reisha (in connection with a slave)?
3)
(a)The Tana of the Beraisa says in the Seifa that, should a woman be obligated to run to a city of refuge - it is her husband who provides for her there.
(b)We can extrapolate from that - that the Tana is speaking when her husband did not instruct her to use the proceeds of her work to sustain herself, and presumably, the Reisha (in the case of the slave) speaks in such a case too, clashing with the way we just explained it.
4)
(a)So we establish the Beraisa when the master and the husband instructed the wife and the slave respectively to use the proceeds of their work to sustain themselves. Then why is the husband obligated to sustain her?
(b)But since the Seifa (de'Seifa) goes on to describe what the Din will be if he instructs her to use the products of her hands to sustain herself, why can we not infer from there that the Reisha speaks when he does not?
(c)Why is it not obvious that if the woman produces sufficient for her needs, her husband is entitled to instruct her to use what she produces to sustain herself?
4)
(a)So we establish the Beraisa when the master and the husband instructed the wife and the slave respectively to use the proceeds of the work to sustain themselves, and the Seifa speaks when she is unable to makes ends meet (though the Reisha does not - see Tosfos DH 'Mesapekes ... '), teaching us that her husband is obligated to supplement her income.
(b)Despite the fact that the Seifa (de'Seifa) goes on to describe what the Din will be if he instructs her to use the products of her hands for her sustenance, we cannot infer that the Reisha speaks when he does not - because the Seifa switches to a case where the woman is able to fend for herself (teaching us the intrinsic Chidush that a husband is permitted to avoid sustaining his wife, in which case it is not open to inferences).
(c)It is not at all obvious that if the woman produces sufficient for her needs, her husband is entitled to instruct her to use what she produces to sustain herself. We might have thought - that, based on the Pasuk in Tehilim "Kol Kevudah bas Melech Penimah", Chazal obligated a husband to sustain his wife, whether he likes it or not.
5)
(a)In another Beraisa, what does Raban Shimon ben Gamliel say about a slave during years of famine? What ultimatum can the latter issue his master?
(b)The Chachamim disagree. What do they say?
(c)How do we attempt to explain the basis of their Machlokes?
5)
(a)In another Beraisa - Raban Shimon ben Gamliel authorizes a slave during years of famine to issue his master with an ultimatum - either to sustain him or to set him free.
(b)According to the Chachamim however - it is the master who can dictate his terms, not the slave.
(c)We attempt - to connect their Machlokes to the She'eilah (currently under discussion), whether a master is permitted to instruct his slave to use what he produces to sustain himself (Raban Shimon ben Gamliel) or not.
6)
(a)We refute the above suggestion however, partially on the basis of the ultimatum's wording. What problem do we have ...
1. ... with the wording of the ultimatum?
2. ... with the case itself?
(b)How do we therefore establish Raban Shimon ben Gamliel? On what grounds do we grant the slave the power of ultimatum?
(c)What then is the basis of their Machlokes? Why does Raban Shimon ben Gamliel allow the slave the ultimatum, and the Chachamim not?
(d)On what grounds do the Chachamim maintain that people will take pity on a mere slave?
6)
(a)We refute this suggestion however, partially on the basis of the ultimatum's wording. The problem we have ...
1. ... with the wording of the ultimatum is - that it should then have read 'Either sustain me or give me the produce of my hands to sustain myself' (rather than 'Either sustain me or set me free').
2. ... with the case itself is - why then, did the Tana present the case specifically when there is a drought?
(b)We therefore establish Raban Shimon ben Gamliel when, on the one hand, the master instructed the slave to sustain himself with the produce of his hands, and on the other, when, due to prevailing circumstances, he is unable to make ends meet. Hence the ultimatum!
(c)The basis of their Machlokes lies in the people's feelings - Raban Shimon ben Gamliel allows the slave the ultimatum because people will not have pity on a slave (therefore unless his master sustains him, the only way he can survive is to be set free and then to go begging for alms); whereas the Chachamim reckon that someone who takes pity on a free person will take no less pity on a slave.
(d)The Chachamim maintain that people will take pity on a mere slave - because slaves too, are obligated to perform Mitzvos (the same as women).
12b----------------------------------------12b
7)
(a)What does Rav say about a slave whose master declared all the work of his hands Hekdesh?
(b)How do we refute the proof from here that a master can make his slave work without sustaining him?
(c)Seeing as effectively, the slave belongs to Hekdesh, on what grounds is he permitted ...
1. ... to eat more than his basic needs, at the expense of Hekdesh?
2. ... to use what he produces (which is Hekdesh) to pay for the luxury foods that he is now eating?
7)
(a)Rav says that a slave whose master declared all the work of his hands Hekdesh - should borrow, and pay back with the work that he produces.
(b)We refute the proof from here that a master can make his slave work without sustaining him - by establishing the case when his master is feeding him.
(c)In spite of the fact that effectively, the slave belongs to Hekdesh, he is nevertheless permitted ...
1. ... to eat more than his basic needs, at the expense of Hekdesh - because it is to Hekdesh's advantage if he eats well, becomes healthier and works better.
2. ... to use what he produces (which is Hekdesh) to pay for the luxury foods that he is now eating - provided he pays with less than a Perutah's-worth at a time (which he pays as he produces it, because Hekdesh does not take effect on less than a Perutah's worth).
8)
(a)How do we resolve Rav's current ruling with his ruling 'ha'Makdish Y'dei Avdo, Oso Eved Oseh v'Ochel'?
(b)What does Rav mean when he adds 'de'I Lo Avda. Ma'an Palach Lei'?
(c)Why can we not establish Rav's first statement when the master does not sustain his slave, but he has the right to make him work without feeding him?
(d)What have we now proved, according to Rav?
8)
(a)To resolve Rav's current ruling with his ruling 'ha'Makdish Y'dei Avdo, Oso Eved Oseh v'Ochel' - we establish the current ruling when the master sustains him, and the second ruling when he does not. Both maintain that a master cannot instruct his slave to work without sustaining him.
(b)When Rav adds 'de'I Lo Avda. Ma'an Palach Lei', he means - that if he cannot work for himself, who will provide for him?
(c)We cannot establish Rav's first statement when the master does not sustain his slave, but he has the right to make him work without feeding him - because then why should we care whether someone will work for him or not, the Hekdesh should take effect and he should not be allowed to eat what his hands produce.
(d)We have now proved, that, according to Rav - a master cannot make his slave work for him without sustaining him.
9)
(a)What does Rebbi Yochanan say about someone who cuts off the arm of his friend's slave?
(b)What does this prove?
(c)Why can we not refute this proof by establishing the case when the master is sustaining the slave?
(d)What do we learn from the Lashon used by Rebbi Yochanan 've'Oso ha'Eved Nizon min ha'Tzedakah'?
9)
(a)Rebbi Yochanan says that someone who cuts off the arm of his friend's slave - is obligated to pay the master, Sheves (work loss) and Refu'ah, and the slave is fed from Tzedakah.
(b)This proves - that according to Rebbi Yochanan, a master can make his slave work for him without feeding him.
(c)We cannot refute this proof by establishing the case when the master is sustaining his slave - because if that is so, why is he fed from Tzedakah?
(d)From the Lashon used by Rebbi Yochanan 've'Oso ha'Eved Nizon min ha'Tzedakah' - we rule out the suggestion that he is fed extras from Tzedakah, because then, Rebbi Yochanan should have said 'Misparnes min ha'Tzedakah' (implying luxuries).
10)
(a)Rebbi Yochanan says 'Nosen Shivto u'Refu'aso l'Rabo'. Is it not obvious that the Sheves goes to the master?
(b)On what grounds does the Refu'ah go to the master (and not to pay for the slave's healing costs)?
(c)Who receives ...
1. ... the Nezek?
2. ... Tza'ar?
(d)On what grounds does the master receive the Tza'ar?
10)
(a)Rebbi Yochanan says 'Nosen Shivto u'Refu'aso l'Rabo', mentioning Shivto (which is obvious) - because he needs to mention Refu'aso.
(b)The Refu'ah goes to the master (and not to pay for the slave's healing costs) - because we are speaking when the initial assessment of the time period required was, for example, for five days, and, by using stronger medications, he was healed in three.
(c)The recipient of ...
1. ... the Nezek is - the master.
2. ... Tza'ar is - also the master.
(d)The master receives the Tza'ar - because whatever is due to the slave, goes to his master.
11)
(a)What did Rebbi Meir in a Beraisa reply, when Rebbi Elazar pointed out to him that it is an advantage for a slave to go free, and not a liability?
(b)The Beraisa concludes with the words 'Aval Ishah Chov Hu Lah'. Who said this to whom?
(c)What are the two reasons for this?
11)
(a)When Rebbi Elazar pointed out to Rebbi Meir that it is an advantage for a slave to go free, and not a liability - he retorted that it is a liability, because if he was the slave of a Kohen, he is no longer permitted to eat Terumah.
(b)The Beraisa concludes with the words 'Aval Ishah Chov Hu Lah' - which is what the Rabanan (Rebbi Elazar) concede to Rebbi Meir.
(c)The two reasons for this are - 1. because she loses the right to eat Terumah; 2. because she loses the right to receive Mezonos.
12)
(a)What did Rebbi Meir mean when he retorted to the Rabanan's Kashya 'Mah Im Yirtzeh she'Lo Lazuno ... ', with 'u'Mah Ilu Eved Kohen she'Barach v'Eshes Kohen she'Mardah Al Ba'alah, ha'Lo Ochlin bi'Terumah'?
(b)And what did Rebbi Meir say in anticipation of the Kashya that the master could always throw him a Get Shichrur, invalidating him from Terumah anyway?
(c)Rebbi Meir's argument seems very sound. How do the Rabanan counter it? What do they mean when they say 'Mipnei she'Hu k'Kinyano'?
12)
(a)When Rebbi Meir retorted to the Rabanan's Kashya 'Mah Im Yirtzeh she'Lo Lazuno ... ', with 'u'Mah Ilu Eved Kohen she'Barach v'Eshes Kohen she'Mardah, Al Ba'alah, ha'Lo Ochlin bi'Terumah' - he meant 'You answered me with regard to Mezonos, but what will you answer me with regard to Terumah?'
(b)In anticipation of the Kashya that the master could always throw him a Get Shichrur, invalidating him from Terumah anyway, Rebbi Meir said - that as soon as the slave realizes his master's intentions, he could run away and continue to eat Terumah.
(c)Rebbi Meir's argument seems very sound. The Rabanan (in our Mishnah) counter it - by saying 'Mipnei she'Hu k'Kinyano', which Rava explains, means that it is not to the slave's detriment, since he belongs to his master, who has the authority to sell him anyway.
13)
(a)Rebbi Meir has a good explanation for the slave of a Kohen. But how does Rebbi Shmuel bar Rav Yitzchak explain the fact that he consider even the Shichrur of a Yisrael's slave a liability?
(b)Why does he not consider the fact that, on the other hand, he will be free to marry a bas Yisrael a Zechus?
(c)What do we mean when we say that, according to Rebbi Meir ...
1. ... 'Zila leih'?
2. ... 'Shechicha leih'?
3. ... 'P'ritza leih'?
13)
(a)Rebbi Meir has a good explanation for the slave of a Kohen. The Shichrur of the slave of a Yisrael is a liability. Rebbi Shmuel bar Rav Yitzchak explains the fact that he considers even the Shichrur of a Yisrael's slave a liability - because he becomes forbidden to live with a Shifchah Kena'anis.
(b)He does not consider the fact that, on the other hand, he will be free to marry a bas Yisrael a Zechus - because a slave prefers to live with a Shifchah Kena'anis.
(c)When we say that, according to Rebbi Meir ...
1. ... 'Zila Leih' - we mean that she is 'cheap' in his eyes (he has no respect for her, to treat her with dignity).
2. ... 'Shechicha Leih' - that she is always available to him.
3. ... 'P'ritza Leih' - that she has no scruples about behaving immodestly with him.
