Gittin 42b

גיטין מ״ב ע״ב

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Topic

Half-slaves and slaves missing only their גט שחרור: who gets the קנס and payments, eating תרומה, and selling the future קנס

Overview

The amud opens by challenging a ברייתא. When an ox kills a half-slave, half-free person, the ברייתא splits the payment instead of going by whose day it was. The גמרא answers that death is different, because the person himself is gone for good. A temporary injury, like a withered hand that will heal, follows the 'whose day' rule. That example fits אביי but troubles רבא, and the גמרא offers two ways to answer for רבא. Next comes a new question: does a slave who is free in practice but still missing his גט שחרור bring the thirty-shekel קנס to his master? Two proofs are tried and pushed off, and along the way we see a dispute over whether a slave freed by losing a limb needs a גט at all. A parallel question asks whether such a slave may eat תרומה, and the proof from רב משרשיא's mixed-up babies is rejected. Finally the גמרא asks whether a master can sell just the future קנס for his slave, and explains why even רבי מאיר might not allow it.

Opening lines

The steps (21)

1. ChallengeWhy split the payment instead of going by whose day it was?
2. ResolutionDeath is different because the principal is gone
3. QuestionThen when does the 'whose day' rule apply?
4. ResponseA withered hand that will heal
5. ChallengeThe case works for אביי but not for רבא
6. ResolutionThe withered hand was caused by a person, not an ox
7. Resolutionרבא does not accept that statement
8. QuestionDoes a slave waiting only for his document of freedom bring a fine?
9. ProofTrying to prove it from the half-slave ברייתא
10. RejectionThe half-slave source follows the earlier version of the משנה
11. ProofProof from the master who knocked out a tooth and then blinded an eye
12. RejectionThat ברייתא may hold that no גט is needed at all
13. StatementThe compromise ruling: tooth and eye differ from other limbs
14. ChallengeHow can the other limbs be called a penalty?
15. ResolutionFixing the reason: it is a מדרש חכמים
16. QuestionDoes a slave missing only his release document eat תרומה?
17. ProofProof from the mixed-up babies of רב משרשיא
18. RejectionThe mixed-up babies case is different
19. QuestionCan a master sell just the fine money for his slave?
20. StatementThe question applies according to both opinions
21. StatementWhy the question exists even for רבי מאיר