Kiddushin 63a
קידושין ס״ג ע״א
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Topic
More תנאים who hold אדם מקנה דבר שלא בא לעולם (a person can transfer something not yet in existence or not yet his): רבי, from the פסוק about a runaway slave, and רבי מאיר, from a ברייתא about conditional קידושין.
Overview
The גמרא continues its list of תנאים who hold that a person can transfer something not yet in the world. It counts רבי, who reads the פסוק about a runaway slave as a case where the buyer freed the slave before buying him. It also counts רבי מאיר, who holds that a woman betrothed 'after' a block is removed, such as a conversion or a husband's death, is betrothed. רבי יהודה הנשיא is not added separately, because he is the same person as 'רבי'. רבי עקיבא is not added either, because his vow case is about her hands, which already exist. Next comes a new משנה about betrothal on condition that the man speaks for the woman to the authorities or works for her. ריש לקיש says a separate פרוטה must also be given. Two ברייתות seem to refute him, but he answers that they follow a different view about when a worker's pay becomes owed. רבא adds that the משנה's words 'על מנת' forced his reading. A third משנה deals with betrothal on condition that the man's father agrees, and the גמרא begins asking what that condition means. Its answer continues on the next amud.
Opening lines
״לֹא תַסְגִּיר עֶבֶד אֶל אֲדֹנָיו״,
"You shall not hand over a slave to his master"
רַבִּי אוֹמֵר:
Rabbi says:
בְּלוֹקֵחַ עֶבֶד עַל מְנָת לְשַׁחְרְרוֹ
about one who buys a slave in order to free him
הַכָּתוּב מְדַבֵּר.
the verse is speaking.
The steps (21)
- Statementרבי explains the verse about not returning a slave
- QuestionWhat exactly is the case?
- ResponseFreeing the slave before buying him
- Proofרבי מאיר: betrothal that starts after a block is removed
- Statementרבי יוחנן הסנדלר disagrees
- Statementרבי יהודה הנשיא: betrothed, but the חכמים worried about bad feelings
- ChallengeWhy not also count רבי יהודה הנשיא?
- Resolutionרבי and רבי יהודה הנשיא are the same person
- ChallengeShould רבי עקיבא also be on the list?
- RejectionNo, her vow was on her hands, which exist
- Statementמשנה: Betrothal on condition he speaks for her or works for her
- Statementריש לקיש: Only if he also gave her a פרוטה
- ChallengeCan't the value of his service itself betroth her?
- ChallengeThe value of a ride betroths her
- ChallengeThe court appraises his entertainment or work
- ResolutionIt depends on when payment for work becomes owed
- QuestionWhy did ריש לקיש choose the harder explanation?
- ResponseThe words 'on the condition' forced ריש לקיש's reading
- StatementNew משנה: betrothal on condition that the father agrees
- QuestionWhat does 'on the condition that my father will want' mean?
- ChallengeIt cannot mean 'until the father says yes'