Thursday, October 23, 2008

Rif Kiddushin 7a {13b; 13a; 14b; 22b}

{Kiddushin 13b}
(* Rav Pappa said: The halacha is: An oral loan, one may collect from the heirs, but may not collect from the purchasers. One may collect from the heirs because the lien is Biblical, but one may not collect from the purchasers, for their was no "voice" {to the loan}.

{Kiddushin 13a}
There was a certain woman who was selling silk ribbons. A certain man came and grabbed a silk ribbon from her. She said to him, "Give it to me." He said to her, "if I give it to you, will you become betrothed to me?" She took it and was silent.
Rav Nachman said: She is able to say, "yes, I took it, and I was taking my own."
And if it is difficult to you this that they learnt {in a brayta} --

If he betrothed her with a robbery, extortion, or theft, or if he grabbed a sela from her hand and betrothed her with it, she is betrothed.
-- there, it was where he previously made an agreement to marry {shidduchin}.

And where he did not make a previous agreement to marry, as well, we do not say, except where she took it and was silent, but if she said "yes" and took it, even though they did not previously make an agreement to marry, his betrothal is a valid betrothal.

For they learnt {in a brayta}: If he said to her "Take this sela that I am obligated to you," and then turns around and says to her, "become betrothed to me with it," if at the time of the giving of the money, then if at the time of the giving of the money, then if she wishes, she is betrothed, but if she does not wish, then she is not betrothed. If after the giving of the money, then even if she wishes, she is not betrothed.

And we discussed on this: What is meant by "if she wishes," and what is meant by "if she does not wish?" If you say that "if she wishes" is that she says "yes," while "if she does not wish" is that she says "no" -- but if she were silent, it would be valid betrothal! And then, let it say "she is betrothed" plainly, just as there. Rather, is it not so that "if she wishes" means that she says "yes," while "if she does not wish" is where she is silent, and we establish it as where he did not previously arrange the marriage {shidduchin}. And still, when she says "yes," she is betrothed! Thus, where she says "yes," even though he did not arrange the marriage beforehand, her betrothal is a valid betrothal, whether with a debt of hers, or with a robbery of hers {=of her item}.
And so is the halacha.
And specificially with a robbery of hers, as we will need to say in the future, in the second perek. But in a robbery from the general world, even if he arranged the marriage beforehand, it is not a valid betrothal, unless he betrothed her after he acquired it with the abandoning of hope of the owners, for then it is like his own.

{Kiddushin 14b}
A Hebrew servant is acquired with money or with a shtar, and he acquires himself with years {elapsing}, with Yovel {the Jubilee year}, and with deduction of money {in accordance with the years worked}.

More than him is the Hebrew maidservant, who acquires herself with the signs of puberty.

And the nirtzah {a slave acquired "forever" at the termination of his years of servitude} is acquired with the piercing {of his ear}, and acquires himself with Yovel and the death of the master.

{Kiddushin 22b}
The Canaanite servant is acquired with money, shtar, and chazaka {demonstrating ownership}, and acquires himself with money, via others, and with a shtar via himself. These are the words of Rabbi Meir. And the Sages say: With money via himself and with shtar via others, so long as the money is from others.

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