Monday, October 27, 2008

Rif Kiddushin 8a {22b}

{Kiddushin 22b}
"A Canaanite servant is acquired with money, shtar, and chazaka":
A tanna taught: Also with chalipin {handing over a handkerchief}.
And our Tanna {of our Mishna} -- methods which is not something {valid to acquire} by movable objects it teaches; methods which are something by movable objects it does not teach.

Shmuel said: A Canaanite servant is acquired with pulling.
How so? If he grabs the servant and brings him to him, he acquires him. If he calls him and he comes to him, he does not acquire him.

And if it is difficult to you this that they learnt {in a brayta}, in the matter of an animal,

How so with pulling? He calls to her and she comes, or he hits her with a stick and she runs before him, one she uproots hand and foot {front and back leg}, he acquires her,
an animal is different, for she goes based on the thoughts of her master, but a servant goes based on his own thoughts.

Rav Ashi said: A minor servant is like an animal {in this respect, so as to be acquirable with this type of acquisition}.

The Sages learnt {in a brayta}: How so with chazaka? He {=the servant} unties for him his {=the master's} shoe, or puts on his shoe, or conveys his clothing after him to the bathhouse, or undresses him, washes him, anoints him, scratches him, dresses him, puts on his shoe {yes, a repetition, though the earlier occurrence is not in our gemara}, or carries his master, he {=the master} acquires him; If his master carries him, he does not acquire him. Rabbi Shimon said: There is no greater chazaka than this, for lifting up acquires in every case.

Rav Yehuda HaNedoah was a convert who had no heirs. He was sick. Mar Zutra entered to ask after him. He was that the world was heavy upon him. He {=Mar Zutra} said to his {=Rav Yehuda HaNedoah's} servant, "remove my shoe and carry them for us to our {our gemara: the} house." Some say that he {=the servant} was an adult, and so
{Kiddushin 23a}
this one separated off to death and this one separated off to servitude. And some say he was a minor, and it was like Abba Shaul. For they learnt {in a brayta}: A convert who does and Israelites despoiled his assets, and among them were servants, whether adults or minors, they acquired themselves as free men. Abba Shaul says: Adults aquire themselves as free men, but as for minors, whoever is machzik them acquires them.

"And acquires himself with money via others and with a shtar via himself. (*These are*) the words of Rabbi Meir. And the Sages say...":
Our Mishna is that of Rabbi Shimon ben Eleazar. But the Sages say a Canaanite servantis acquired with money and shtar, whether via other people or whether via himself, so long as the money is of other people. For we establish that there is no acquisition to a servant without his master,

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