Chagigah 2b
חגיגה ב׳ ע״ב
Learn Chagigah 2b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Chagigah 2b in Gemara Clarity
Topic
The end of the חצי עבד וחצי בן חורין debate, and which kind of חרש is exempt from ראייה and from שמחה.
Overview
This amud finishes the debate about a person who is half slave and half free. בית שמאי point out that he cannot marry anyone, even though the world was created to be filled with people. So the master is forced to free him, and the slave writes a document owing his master half his value. בית הלל agree to this. Then the גמרא goes back to our משנה's words 'except for a חרש, שוטה and קטן.' Because the חרש is listed with people who lack understanding, he must be someone who neither hears nor speaks. A person who only cannot hear, or only cannot speak, counts as fully capable. A ברייתא seems to say such a person is exempt, so רבינא (or רבא) explains that our משנה is missing words. Such a person is exempt from ראייה but still obligated in שמחה. A full חרש, a שוטה and a קטן are exempt from both. A ברייתא supporting this begins at the end of the amud and finishes on the next amud.
Opening lines
תִּקַּנְתֶּם אֶת רַבּוֹ,
You have fixed things for his master,
וְאֶת עַצְמוֹ לֹא תִּקַּנְתֶּם.
but for himself you have not fixed things.
לִישָּׂא שִׁפְחָה אֵינוֹ יָכוֹל,
To marry a maidservant he cannot,
בַּת חוֹרִין אֵינוֹ יָכוֹל.
and a free woman he cannot.
The steps (13)
- Challengeבית שמאי: You helped the master but not the half-slave
- ChallengeHe cannot just stay unmarried, because the world was made to be filled
- StatementThe solution: force the master to free him
- Conclusionבית הלל change their ruling
- StatementThe חרש in our משנה lacks understanding, like the others listed with him
- ProofThe standard definition: one who neither hears nor speaks
- ProofA ברייתא already says this: deaf or mute alone counts as fully capable
- QuestionWhere do the names 'deaf' and 'mute' come from?
- ResponseA פסוק in תהלים links each name to its disability
- ResponseA second answer from an everyday saying
- ChallengeA ברייתא seems to clash with our משנה: obligated or exempt?
- ResolutionExempt from ראייה, but obligated in שמחה
- ProofA ברייתא that teaches this same idea