Gittin 41a

גיטין מ״א ע״א

Learn Gittin 41a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

A mortgaged slave who was freed, a destroyed אפותיקי field, and the start of the משנה about a half-slave

Overview

This amud finishes the משנה about a slave whom his master set aside as security (אפותיקי) for a debt, and who was then freed. In רב's reading, the owner freed him, so the creditor is forced to free him too. In עולא's reading, the creditor freed him, so the owner is forced to free him. In both readings, the תנא קמא says the slave writes a note for his own value, and רבן שמעון בן גמליאל says the one who freed him writes it. For רב, the argument is about damaging someone's lien (מזיק שעבודו של חבירו). For עולא, it is about damage that cannot be seen (היזק שאינו ניכר). Each אמורא then points to a word in the משנה that the other reading does not fit. Next the גמרא discusses a field set aside for a debt that a river washed away. A ברייתא rules that the creditor collects from other property unless the debtor said 'only from this field.' A second ברייתא treats a woman's כתובה differently according to רבן שמעון בן גמליאל. Finally a new משנה begins about a half-slave: בית הלל say he splits his days, and בית שמאי object that this leaves him unable to marry. Their objection continues on the next amud.

Opening lines

The steps (20)

1. StatementThe creditor is forced to free the slave, and the slave writes a note
2. StatementRabban Shimon ben Gamliel: the one who freed him writes the note
3. QuestionWhat is the root of their argument?
4. ResponseThey argue about damaging another person's lien
5. ProofSupport: this argument was also stated elsewhere
6. Statementעולא: the creditor was the one who freed the slave
7. StatementRabban Shimon ben Gamliel in עולא's reading: the creditor who freed him writes
8. QuestionWhat is the argument about in עולא's reading?
9. ResponseThey argue about damage that cannot be seen
10. QuestionWhy didn't עולא explain the משנה like רב?
11. Responseעולא: the creditor cannot be called "his master"
12. QuestionWhy didn't רב explain the משנה like עולא?
13. Responseרב: the משנה says the slave was really "freed"
14. StatementA mortgaged field washed away by a river
15. Challengeרב נחמן בר יצחק cannot accept אמי's ruling as stated
16. Resolutionאמי's ruling refers to a case where the debtor limited payment to that field
17. ProofA ברייתא supports the distinction
18. StatementAnother ברייתא: a creditor versus a woman's כתובה
19. StatementNew משנה: a half-slave splits his days
20. Challengeבית שמאי: the arrangement helps the master but leaves the slave stuck