Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : but the gentiles cannot acquire one of you, as they do not have the ability to acquire a Jew as a slave, and they cannot acquire each other as slaves. The Gemara begins to introduce a question: One might have thought that they shall not be able to acquire each other. The Gemara immediately clarifies its question: Can it be that one might have thought that they shall not be able to acquire each other; but didn’t you already say that they cannot acquire each other? Rather, this is what he said: Gentiles cannot acquire each other with regard to the slave himself.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara now restates the question: One might have thought that they shall not be able to acquire each other as slaves even for the rights to his labor. The Gemara answers: You can say an a fortiori inference: If a gentile can acquire a Jew for the rights to his labor, as stated explicitly in the Torah (Leviticus 25:47), all the more so is it not clear that a gentile can acquire a gentile?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges: But I could say that this halakha, that a gentile can acquire a gentile as a slave for the rights to his labor, applies only to acquisition via money. However, via an act of possession, by taking him captive, he does not acquire him. Rav Pappa says in response: The land of Ammon and Moab became purified through the conquest of Sihon. After the conquest of Sihon, the land that had belonged to Ammon and Moab was considered the property of Sihon, and it was permitted for the Jewish people to conquer it although they had not been permitted to conquer the land of Ammon and Moab. In the same manner, a gentile can acquire a slave by taking possession of him as a captive.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: We found a source for a gentile acquiring a gentile through conquest, which is an act of taking possession; from where do we derive that a gentile can also acquire a Jew through the act of possession such as conquest? The Gemara answers: As it is written: “And the Canaanites, who dwelt in the South, heard tell that Israel came by the way of Atharim; and he fought against Israel, and took of them captive” (Numbers 21:1). This indicates that even a Jew is acquired by a gentile through the act of possession, in this case, conquest in war.

Traduction française en préparation — version anglaise (Steinsaltz) : § Rav Shemen bar Abba says that Rabbi Yoḥanan says: A slave who escaped from prison is emancipated. He is no longer subjugated to his owner, as it is assumed that his owner has despaired of retrieving him. And moreover, his master is forced to write him a bill of manumission so that he can marry a Jewish woman.

Traduction française en préparation — version anglaise (Steinsaltz) : We learned in the mishna that Rabban Shimon ben Gamliel says with regard to a slave who was redeemed from captivity: Both in this case and in that case he will be a slave. And Rabba bar bar Ḥana says that Rabbi Yoḥanan says: Every place where Rabban Shimon ben Gamliel taught a ruling in our mishna, the halakha is in accordance with his opinion, except for the following three cases: The responsibility of the guarantor, and the incident that occurred in the city of Tzaidan, and the dispute with regard to evidence in the final disagreement. Therefore, according to Rabbi Yoḥanan, the halakha is in accordance with the opinion of Rabban Shimon ben Gamliel in the mishna here, as it is not one of those three cases. This contradicts the ruling of Rabbi Yoḥanan cited above concerning a slave who escapes prison.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies: Granted, according to the opinion of Abaye, he establishes the mishna as referring to a slave who is redeemed before the owner’s despair. For this reason, Rabban Shimon ben Gamliel rules that the redeemed slave is not emancipated, and the halakha is in accordance with his ruling. And this statement of Rabbi Yoḥanan, that a slave who escapes from prison goes free, applies after the owner’s despair. Therefore, there is no contradiction between the two statements of Rabbi Yoḥanan.

Traduction française en préparation — version anglaise (Steinsaltz) : However, according to the opinion of Rava, who said that the mishna here is referring to a slave who is redeemed after the despair of the owner, there is a difficulty. The difficulty is due to the contradiction between the statement of Rabbi Yoḥanan in which he rules against the opinion of Rabban Shimon ben Gamliel, as he holds that a slave who escapes prison is emancipated, and the statement of Rabbi Yoḥanan in which he rules that the halakha is in accordance with the opinion of Rabban Shimon ben Gamliel.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Rava could have said to you: What is the reason that a slave who was redeemed is not emancipated? It is because of the concern expressed by Ḥizkiyya, that perhaps slaves would allow themselves to be captured by foreign troops in the hope that they would be redeemed and consequently emancipated. However, the case of one who escapes from prison is different, as the concern raised by Ḥizkiyya is not applicable. If now it is apparent that he is willing to give himself over to death to escape captivity, as he would be put to death for attempting to escape prison, is there a concern that he will throw himself willingly into captivity by allowing himself to be captured by foreign troops?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara relates: The maidservant of Master Shmuel was taken captive. Some people redeemed her to be a maidservant and sent her to him. They sent him the following message: We hold in accordance with the opinion of Rabban Shimon ben Gamliel, and therefore we hold that in any case she remains your maidservant. Even if you hold in accordance with the opinion of the Rabbis in the mishna, then you should know that we redeemed her to be a maidservant, and even the Rabbis would agree that she remains your maidservant.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara adds: And they thought that this was before his despair, but that is not so. It was after his despair, and when Shmuel received the maidservant, it is not necessary to say that he did not enslave her. But also, he did not require her to receive a bill of manumission, as he held that she was a free woman in every respect.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: In this matter, Shmuel conforms to his standard line of reasoning, as Shmuel says: With regard to one who renounces ownership of his slave, the slave is emancipated, and he does not even require a bill of manumission. Shmuel cited a proof from that which is stated: “But every slave man that is bought for money” (Exodus 12:44). Does this apply only to a slave who is a man, and not to a woman slave? Rather, it means: The slave of a man, i.e., a slave whose master has authority and control over him, is called a slave, since he is the slave of a particular man. However, with regard to a slave whose master does not have authority over him, such as one who has been declared ownerless, he is not called a slave but a freeman. Therefore, once Shmuel despaired of retrieving his maidservant, she was no longer under his control and did not require a bill of manumission.