Gemara Clarity

Kiddushin 17b

קידושין י״ז ע״ב

Learn Kiddushin 17b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kiddushin 17b in Gemara Clarity

Topic

The severance gift (הענקה), which heirs a Hebrew slave serves, and the inheritance rights of a נכרי and a גר

Overview

The amud opens by finishing a discussion of which items are left out of the הענקה, the gift given to a freed עבד עברי. A ברייתא then brings two views. The תנא קמא says the gift is always given, sized by how much the master was blessed. רבי אלעזר בן עזריה says it is given only if the house was blessed because of the slave, and that the doubled verb is just ordinary speech. Next, a ברייתא lists who keeps serving the master's children after he dies. A regular עבד עברי serves the son but not the daughter, while an אמה עבריה, a נרצע, and one sold to a נכרי serve no heir. The גמרא finds a פסוק for each rule and explains why the son, not the brother, takes the father's place. From חזקיה's פסוק, רבא learns that a נכרי inherits his father by Torah law, while a גר inherits his non-Jewish father only מדרבנן, and proves this from a משנה about idols. Finally, nobody inherits a גר, not even מדרבנן. The גמרא starts to resolve a contradiction about repaying a גר's sons, and the answer continues on the next amud.

Opening lines

לְמָר – לְמַעוֹטֵי כְּסָפִים,

According to one Master — to exclude money,

לְמָר – לְמַעוֹטֵי פְּרָדוֹת.

according to the other Master — to exclude mules.

תָּנוּ רַבָּנַן:

The Sages taught:

״אֲשֶׁר בֵּרַכְךָ ה׳ אֱלֹהֶיךָ״,

"With which the Lord your God has blessed you."

The steps (37)

  1. ResponseWhat each opinion excludes from the gift
  2. StatementThe gift is given in every case
  3. QuestionThen why say 'with which He blessed you'?
  4. ResponseThe size of the gift follows the blessing
  5. Statementרבי אלעזר בן עזריה: the gift depends on blessing
  6. QuestionThen why the doubled verb?
  7. ResponseThe Torah speaks like people speak
  8. StatementWho keeps serving the master's heirs
  9. QuestionSource for serving the son
  10. ResponseThe source: 'serve you' means not an heir
  11. QuestionMaybe the son is excluded too
  12. ResponseAnother verse includes the son
  13. QuestionWhy the son and not the brother?
  14. ResponseThe son takes his father's place
  15. ChallengeBut the brother replaces his brother in יבום
  16. Resolutionיבום only applies when there is no son
  17. ChallengeWhy was this rebuttal even needed?
  18. ResolutionThe field reason also depends on the יבום point
  19. QuestionWhere do we learn that a maidservant does not serve the heirs?
  20. Responseרבי פדא compares the maidservant to the pierced slave
  21. ChallengeThat פסוק is already used for the severance gift
  22. ProofThe ברייתא shows the פסוק cannot be about piercing
  23. ResolutionThe extra word תעשה teaches both laws
  24. StatementThe next line of the ברייתא: the pierced slave and the one sold to a non-Jew
  25. ResponseSource for the pierced slave: he serves only his master
  26. QuestionWhat is the source for the one sold to a non-Jew?
  27. Responseחזקיה: 'He shall reckon with his purchaser', not with the heirs
  28. Statementרבא: by Torah law a non-Jew inherits his father
  29. StatementA convert inherits his non-Jewish father only by rabbinic law
  30. ProofThe משנה about a convert and a non-Jew dividing their father's estate
  31. ProofIf the inheritance were Torah law, the swap would be forbidden
  32. ConclusionSo the convert's inheritance is only rabbinic
  33. ProofA ברייתא supports this: inheritance yes, partnership no
  34. StatementNo inheritance from a convert, not even rabbinic
  35. ProofProof from the loan owed to a convert
  36. ChallengeA ברייתא says the Sages are pleased
  37. ResolutionDifferent cases: a son conceived and born before conversion