Kiddushin 18a
קידושין י״ח ע״א
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Topic
Gentile inheritance by תורה law, and the differences between an עבד עברי and an אמה העבריה: יעוד, selling a thief twice, and redeeming her against the father's will.
Overview
This amud opens with the last line of an earlier answer, about a son conceived before his mother converted and born after. Next, רבי יוחנן teaches that a נכרי inherits from his father by תורה law. The proof from עשו is pushed off, so the גמרא proves it from the children of לוט instead. The גמרא then explains why רבא and רב חייא בר אבין each prefer their own source. Then a ברייתא lists differences between an עבד עברי and an אמה העבריה. Its lines are examined one by one: רב ששת explains the case of a maidservant the master married (יעוד). רבא and אביי argue about whether a thief can be sold twice. A ברייתא about a thief worth more or less than his theft leads רבא to side with רבי אליעזר. Finally, 'against his will' is explained as the father's will, because of family shame. That rule depends on רבי שמעון, who holds that a daughter cannot be sold into servitude twice. The amud ends as the גמרא begins tracing this dispute to the פסוק 'בבגדו בה', which continues on the next amud.
Opening lines
וְכָאן שֶׁהוֹרָתוֹ שֶׁלֹּא בִּקְדוּשָּׁה,
And here, where he was conceived not in holiness,
וְלֵידָתוֹ בִּקְדוּשָּׁה.
but his birth was in holiness.
רַב חִיָּיא בַּר אָבִין אָמַר רַבִּי יוֹחָנָן:
Rav Ḥiyya bar Avin said that Rabbi Yoḥanan said:
נׇכְרִי יוֹרֵשׁ אֶת אָבִיו דְּבַר תּוֹרָה,
A gentile inherits from his father by Torah law,
The steps (30)
- ResolutionSecond case: conceived before conversion, born after
- StatementA gentile inherits his father: proof from עשו
- RejectionMaybe עשו counts as a Jew who left
- ProofBetter proof: the children of לוט
- QuestionWhy not use רבא's source?
- Responseרבא's proof is only an inference
- QuestionWhy not use רב חייא בר אבין's source?
- Responseעשו and לוט were special because of אברהם
- StatementA ברייתא lists differences between a Hebrew slave and a Hebrew maidservant
- ChallengeThe משנה says the maidservant has everything the slave has, plus more
- Resolutionרב ששת: the ברייתא is talking about a maidservant the master married
- ChallengeIf she is his wife, isn't this obvious?
- ResolutionIt is needed: you might have thought her servant rules still apply
- ChallengeThen how can a married maidservant go free through signs?
- ResolutionThe signs rule is about a maidservant who was not designated
- ChallengeCan a Hebrew slave really be sold a second time?
- Resolutionרבא: one theft versus two thefts
- Rejectionאביי: 'for his theft' can mean many thefts
- Resolutionאביי: one victim versus two victims
- Statementברייתא: when the thief's value does not match what he stole
- Statementרבא: רבי אליעזר wins the argument
- Statementרבא's first reading: against the master's will
- Challengeאביי: you can't force the master to take an IOU
- Resolutionאביי: against the father's will, because of family shame
- ChallengeThen force the family of a Hebrew slave too
- ResolutionThe slave would just sell himself again
- ChallengeThe father could also sell her again
- ResolutionShe cannot be sold a second time
- ResponseThis follows רבי שמעון
- StatementThis is a dispute of תנאים about 'בבגדו בה'