Gittin 40a

גיטין מ׳ ע״א

Learn Gittin 40a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

How a slave gains freedom: masters' actions that prove freedom, a dying master's instructions, a slave made ownerless, and a partner's trick to avoid freeing a slave.

Overview

The amud asks when a master's actions prove he freed his slave. רבי יוחנן challenges רבי זירא's ruling about a slave who marries a free woman in front of his master. The גמרא answers that the master himself married the slave off, and it explains a ברייתא about a master betrothing his own שפחה as a debate over wording. Next, רבי יהושע בן לוי says a slave who puts on תפילין in front of his master goes free, and רבה בר רב שילא limits this to a case where the master put the תפילין on him. Two students then bring different reports of רבי יוחנן's ruling about a dying master's words regarding his maidservant: רב דימי and רב שמואל בר יהודה. אמימר rules that a slave whose master was מפקיר him has no תקנה, and he defends this against רב אשי by calling רב דימי's report a mistake. רבינא, relying on רב דימי, tells slaves who were sold to a non-Jew to get a גט שחרור from the sons of their first masters, and the הלכה follows רבינא. The amud ends with a partner who gave his share of a half-freed slave to his minor son to avoid freeing him, and רב פפא begins explaining how the trick will backfire. The explanation continues on the next amud.

Opening lines

The steps (33)

1. StatementEnd of the ruling: the slave goes free
2. Challengeרבי יוחנן: even a master's own betrothal doesn't free her
3. ResolutionThe master himself married off the slave
4. ChallengeWould a master avoid a sin for his slave but commit it himself?
5. ResolutionThe ברייתא is about one document meant to free and betroth at once
6. StatementA slave who puts on תפילין in front of his master goes free
7. ChallengeA ברייתא says putting on תפילין does not free the slave
8. ResolutionIt means the master put the תפילין on him
9. StatementA dying master says not to enslave his maidservant
10. ChallengeDon't you agree her children stay slaves?
11. StatementAnother version: give her something that makes her happy
12. QuestionWhy must the heirs listen?
13. ResponseIt is a מצוה to carry out the words of the dead
14. StatementA slave whose master renounced him has no remedy
15. QuestionAsking for the reason
16. ResponseThe master owns only the prohibition, which cannot be transferred
17. ChallengeChallenge from the teaching that he needs a bill of freedom
18. Resolution'Needs' does not mean he can get one
19. StatementSecond version: the master renounced the slave and then died
20. QuestionAsking for the reason in the second version
21. ResponseA prohibition cannot be inherited
22. ChallengeChallenge from רב דימי's report of רבי יוחנן
23. Resolutionרב דימי's report is a mistake
24. ChallengeIf the mistake is only the wording, the point still stands
25. Resolutionאמימר follows רב שמואל בר יהודה's version
26. Statementרבינא sends freed-up slaves back to the sons of their first masters
27. ChallengeThe רבנן challenge רבינא from אמימר's rule
28. Resolutionרבינא says he follows רב דימי
29. ChallengeThe רבנן say רב דימי's report is a mistake
30. ResolutionEven the mistake leaves room for רבינא
31. ConclusionThe הלכה follows רבינא
32. QuestionA partner gives his share of a half-freed slave to his minor son
33. Responseרב פפא turns the trick back on the father