Gemara Clarity

Gittin 40b

גיטין מ׳ ע״ב

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

Open Gittin 40b in Gemara Clarity

Topic

Wordings and disputed claims of freeing a slave or giving a field, and the משנה of a pledged slave (אפותיקי) who was freed

Overview

The amud opens with the last line of an earlier discussion: the slave jingles coins before his master, and a גט שחרור is written for him. Two parallel ברייתות follow. Past or present wording ('I made him free,' 'I gave the field') works. Future wording ('I will...') is a מחלוקת, and רבי יוחנן adds that all these cases only work in a written שטר. Another pair of ברייתות covers a giver who says he freed a slave or gave a field while the other person denies it. A general claim stands, because it may have been done through someone else. A claim of personally handing over the document is overruled by the denial, since a person's own admission is like 100 witnesses. רב חסדא and רבה discuss who eats the disputed field's produce, and the גמרא explains they are talking about different cases: the father himself, or his son. Then a new משנה teaches that a slave pledged as אפותיקי and then freed owes nothing by strict law. Because of תיקון העולם, though, his master is forced to free him and the slave writes a note for his value, while רבן שמעון בן גמליאל says there is no note. The גמרא explains, using רבא's rule that שחרור cancels a lien, and begins explaining the תיקון העולם worry, which continues on the next amud.

Opening lines

וּמְקַרְקֵישׁ לֵיהּ זוּזֵי,

And he jingles coins before him,

וְכָתֵב לֵיהּ גִּיטָּא דְחֵירוּתָא עַל שְׁמֵיהּ.

and a document of freedom is written for him in his name.

תָּנוּ רַבָּנַן, הָאוֹמֵר:

The Rabbis taught: One who says:

״עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין״;

'I made so-and-so my slave a free man';

The steps (18)

  1. ConclusionThe slave jingles coins and a release document is written
  2. StatementPast or present wording frees the slave
  3. StatementFuture wording: רבי and the חכמים argue
  4. Statementרבי יוחנן: all of these only work in writing
  5. StatementPast or present wording gives away a field
  6. StatementFuture wording for a field: רבי מאיר and the חכמים argue
  7. Statementרבי יוחנן: the field cases also only work in writing
  8. StatementMaster says he freed his slave, but the slave denies it
  9. StatementOwner says he gave a field, but the receiver denies it
  10. QuestionWho eats the produce of the disputed field?
  11. Responseרב חסדא says the giver eats it, and רבה says it is held aside
  12. ResolutionThey do not argue: one case is about the father, the other about his son
  13. StatementNew משנה: a pledged slave who was freed
  14. Statementרבן שמעון בן גמליאל: no note, only freeing
  15. QuestionWho freed the slave?
  16. Responseרב: the first master freed him
  17. Proofרבא's rule: freeing cancels a lien
  18. StatementStarting to explain the תיקון העולם reason