Kiddushin 23a
קידושין כ״ג ע״א
Learn Kiddushin 23a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
How a Canaanite slave goes free with money or a שטר: through others or by himself, according to רבי מאיר, the חכמים, and רבי שמעון בן אלעזר.
Overview
This amud opens by finishing the story of מר זוטרא, who acquired the slave of a dying convert just before the convert died. A second version says the slave was a minor, which fits the תנא קמא of a ברייתא but not אבא שאול, who says minor slaves of a dead convert do not go free. The גמרא then studies the משנה's dispute about how a slave goes free with money or with a שטר. For רבי מאיר, money works only when others pay and a שטר only when the slave receives it himself. The גמרא first explains this as a case where the slave agrees, showing that a slave owns nothing apart from his master, but the שטר clause makes trouble for that answer. אביי and רבא each give a different explanation of why money can work through others while a שטר cannot. Next the גמרא works through the חכמים' words and finally reads them as: money works both ways, but a שטר only through others. That שטר rule belongs to רבי שמעון בן אלעזר, so there are three opinions. רבה explains his reason by comparing a slave's שטר to a woman's גט. The amud ends as רבה begins a new question.
Opening lines
זֶה פֵּירַשׁ לְמִיתָה,
this one departed to death,
וְזֶה פֵּירַשׁ לְחַיִּים.
and that one departed to life.
וְאִיכָּא דְּאָמְרִי
And there are those who say
קָטָן הֲוָה,
he was a minor,
The steps (28)
- ConclusionThe story ends: one died, one gained
- StatementAnother version: the slave was a minor
- ProofThe ברייתא: do minor slaves of a dead convert go free?
- StatementThe משנה: money for freedom must come from others
- QuestionWhat case is this?
- ChallengeIt can't be without his consent
- ResponseSo it must be with his consent
- ConclusionA slave owns nothing apart from his master
- ChallengeThe second half of the משנה does not fit the 'with his consent' answer
- ResolutionA suggested reading: 'by himself' means 'even by himself'
- RejectionA ברייתא shows רבי מאיר really excludes others
- Resolutionאביי: the money case works even without the slave's agreement
- ChallengeThen a document should work against his will too
- ResolutionA bill of sale and a bill of freedom are different documents
- ChallengeIsn't Selling Money Different from Freeing Money?
- ResolutionA Coin Is the Same Coin
- Resolutionרבא: Who Receives It Makes the Difference
- StatementThe חכמים: Money Only by Himself
- ChallengeWhy Can't Others Free Him with Money?
- ResolutionMaybe 'By Himself' Means 'Even by Himself'
- ChallengeThe Document Clause Doesn't Fit That Reading
- ResolutionMaybe 'through others' means 'even through others'
- ChallengeThen the משנה should have taught money and document together
- ResolutionThe final reading: money both ways, a document only through others
- ProofThis reading matches רבי שמעון בן אלעזר
- ConclusionThere are three opinions on this question
- Statementרבה's reason: the slave's שטר is learned from a woman's גט
- Questionרבה opens a new question