Gittin 39a

גיטין ל״ט ע״א

Learn Gittin 39a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Consecrating a slave, מעילה with his hair, and freeing an ownerless slave

Overview

The amud opens by defending רב, who holds that a slave his owner tries to make הקדש does not become holy. The גמרא says the ברייתא that makes the slave's value holy follows רבי מאיר, who holds that a person does not say words for nothing. It supports this from the end of that ברייתא, about a free man who makes himself הקדש. Next the גמרא looks at an argument between תנאים about מעילה with a slave's hair. In the end it explains that everyone treats a slave like land, and they argue only about hair that is ready to be cut. A comparison to רבי מאיר's view on grapes ready to be picked is rejected, because grapes get worse on the vine but hair keeps growing. The גמרא then turns to a slave whose owner gives up ownership: רבי יוחנן agrees with רב that he goes free but still needs a גט שחרור. רבי אבא challenges this from the slaves of a גר who died. רב נחמן explains that עולא compares those slaves to the גר's wife, and this explanation runs into a difficulty from אמימר. The amud ends with the ruling that the הלכה follows אבא שאול, and רבי זירא begins to respond on the next amud.

Opening lines

The steps (27)

1. ResolutionThe ברייתא follows רבי מאיר
2. ProofSupport from the end of the ברייתא: a person who makes himself הקדש
3. ProofWhy the רבנן could not explain the end of the ברייתא
4. ProofA ברייתא where תנאים argue about a slave made הקדש
5. QuestionIs the argument whether the slave is holy at all?
6. ChallengeThe wording does not fit a dispute about holiness
7. ResolutionEveryone agrees he is holy; the question is land or movable
8. ChallengeThen why argue only about the hair?
9. ResolutionThe argument is about hair ready to be cut
10. QuestionIs this the same argument as the משנה about laden grapevines?
11. StatementThe vine argument is only about grapes ready to be picked
12. RejectionGrapes get worse on the vine, but hair keeps growing
13. Statementרבי יוחנן is surprised by רב's ruling
14. ChallengeDoesn't רבי יוחנן say the same thing himself?
15. Resolutionרבי יוחנן was surprised that רב agreed with him
16. ResolutionAnother version: רב's full statement was not quoted to רבי יוחנן
17. Proofרבי יוחנן is consistent with his own ruling
18. StatementThe ruling itself: a freed-by-abandonment slave needs a document
19. ChallengeChallenge from the slaves of a convert who died
20. Rejectionעולא brushes off רבי אבא's question
21. QuestionWhat is the reason?
22. ResponseA convert's slave is like his wife
23. ChallengeThen a regular Jew's slave should also go free
24. ResolutionThe תורה says slaves are inherited
25. ChallengeThen a slave whose owner gave him up and died should also go free
26. Conclusionאמימר's ruling remains a difficulty
27. StatementThe הלכה follows אבא שאול