Friday, October 24, 2008

Rif Kiddushin 7b {17b}

{Kiddushin 17b}
We have established for ourselves: A Hebrew servant is only in practice at a time that Yovel is in practice.

Rava said: A gentile inherits his father as a matter of Biblical law, for it is stated {Vayikra 25:50, in the case of an Israelite man who sold himself to a gentile}:

נ וְחִשַּׁב, עִם-קֹנֵהוּ, מִשְּׁנַת הִמָּכְרוֹ לוֹ, עַד שְׁנַת הַיֹּבֵל; וְהָיָה כֶּסֶף מִמְכָּרוֹ, בְּמִסְפַּר שָׁנִים, כִּימֵי שָׂכִיר, יִהְיֶה עִמּוֹ. 50 And he shall reckon with him that bought him from the year that he sold himself to him unto the year of jubilee; and the price of his sale shall be according unto the number of years; according to the time of a hired servant shall he be with him.
and not with the heirs of he that purchased him. Thus we can derive that he {=the gentile} has an heir.

And Rabbi Yochanan said, from here {Devarim 2:5}:
ה אַל-תִּתְגָּרוּ בָם--כִּי לֹא-אֶתֵּן לָכֶם מֵאַרְצָם, עַד מִדְרַךְ כַּף-רָגֶל: כִּי-יְרֻשָּׁה לְעֵשָׂו, נָתַתִּי אֶת-הַר שֵׂעִיר. 5 contend not with them; for I will not give you of their land, no, not so much as for the sole of the foot to tread on; because I have given mount Seir unto Esau for a possession.
And perhaps an apostate Israelite {such as Esav} is different? Rather from here {a bit later in the same perek}:
ט וַיֹּאמֶר ה אֵלַי, אַל-תָּצַר אֶת-מוֹאָב, וְאַל-תִּתְגָּר בָּם, מִלְחָמָה: כִּי לֹא-אֶתֵּן לְךָ מֵאַרְצוֹ, יְרֻשָּׁה--כִּי לִבְנֵי-לוֹט, נָתַתִּי אֶת-עָר יְרֻשָּׁה. 9 And the LORD said unto me: 'Be not at enmity with Moab, neither contend with them in battle; for I will not give thee of his land for a possession; because I have given Ar unto the children of Lot for a possession.--
A convert {inheriting} from a gentile is not a Biblical law, but rather from the words of the scribes, lest he {the convert} return to his bad lot. For they learnt {in a brayta}:
A convert and a gentile who inherited from their gentile father, the convert is able to say to the gentile {his brother}, "you take the idols and I the money;" "you take the wine libations and I the fruits." But once it enters the domain of the convert, it is forbidden.
And if it arose from your mind that it is Biblical, then even before they entered his domain as well {would it be forbidden}, for when he takes it {the money}, it is in place of the idols that he takes. Rather, it is Rabbinic, and a decree that the Sages made lest he return to his bad state.

A gentile {inheriting} from a convert and a convert {inheriting} from a convert, it is not a matter of Biblical law nor from the words of the scribes. For they learnt {in a brayta}: If one borrowed money from a convert whose sons converted with him, he does not return {the money} to his sons, and if he returns it, the spirit of the Sages is not pleased with him. {Rashi: that they are not particularly pleased, for there was no rquirement to do this -- not that they are displeased.}

But they learnt {in a different brayta}: The spirit of the Sages is pleased with him.

This is no difficulty. Here {where they are not pleased} is where his {=the son's} conception and birth was not in holiness, while here is where his conception was not in holiness but his birth {due to his mother converting} was in holiness.

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