Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : It is also not possible for him to marry a free woman, as he is still a half-slave. If you say he should be idle and not marry, but isn’t it true that the world was created only for procreation, as it is stated: “He did not create it to be a waste; He formed it to be inhabited” (Isaiah 45:18)? Rather, for the betterment of the world his master is forced to make him a freeman, and the slave writes a promissory note accepting his responsibility to pay half his value to his master. And Beit Hillel ultimately retracted their opinion, to rule in accordance with the statement of Beit Shammai, that a half-slave must be set free.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Sages taught: With regard to a master who emancipates only half of his slave, Rabbi Yehuda HaNasi says: He has acquired himself, i.e., the transaction is complete and half of the slave is emancipated, and the Rabbis say: He has not acquired himself.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabba said: Their dispute pertains only to a case where the master emancipated him with a bill of manumission, as Rabbi Yehuda HaNasi holds: In the context of a Jewish man who engages in sexual intercourse with a maidservant who had been designated to cohabit with a Hebrew slave, the Torah writes that neither the Jewish man nor the maidservant is liable to receive the death penalty, though the man is liable to bring a guilt-offering. If the woman had been emancipated, she would be a regular married woman, and they would incur the death penalty for their act of intercourse. In describing the woman in that case, the Torah writes: “And not at all redeemed, nor was freedom given to her” (Leviticus 19:20). This is referring to two methods of emancipating a slave: Redemption via money, in the phrase: “And not at all redeemed,” and emancipation via a bill of manumission, in the phrase: “Nor was freedom given her.”

Traduction française en préparation — version anglaise (Steinsaltz) : The verse juxtaposes the freeing of a slave via a bill of manumission to the freeing of a slave via payment of money, to teach that just as with money the slave can free either all of him or half of him, for if he were to pay half of his value to the master he would be half-redeemed, so too, by receiving a bill of manumission either all of him or half of him can be emancipated.

Traduction française en préparation — version anglaise (Steinsaltz) : And the Rabbis derive their opinion, that a slave cannot acquire half of his freedom via a bill of manumission, from a verbal analogy of the word “her [lah]” written here: “Nor was freedom given to her [lah]” (Leviticus 19:20), and the word “her [lah]” written with regard to a man who divorces a woman: “And he writes her [lah] a scroll of severance” (Deuteronomy 24:1). Just as in the case of a woman, one is not able to divorce half of her with a bill of divorce, so too, in the case of a slave, one is not able to emancipate half of him with a bill of manumission. However, with regard to a slave who frees himself by giving money, everyone agrees that the slave acquires half of himself, and a female slave would also be partially redeemed but not fully redeemed.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Let us say that they disagree about this: As one Sage, Rabbi Yehuda HaNasi, holds that a derivation from a juxtaposition is preferable, and consequently he derives the halakha of emancipation via a bill of manumission from the halakha stated in the same verse concerning redemption via money. And one Sage, i.e., the Rabbis, holds that a verbal analogy is preferable and therefore derives the halakha of emancipation via a bill of manumission from the halakha of the divorce of a woman, where the verse employs an analogous term.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: No, everyone agrees that generally a verbal analogy is preferable, but it is different here because the verbal analogy can be refuted by stating the following: What is unique about a woman is that she cannot leave a marriage via money at all, shall you say that one should compare her case to that of a slave, who does leave his servitude via money? Since there are differences between divorce and emancipation, Rabbi Yehuda HaNasi holds that it is preferable to derive the halakha from a juxtaposition.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rav Yosef said: The dispute between Rabbi Yehuda HaNasi and the Rabbis pertains only to a case where the slave was freed via money, for Rabbi Yehuda HaNasi holds: The halakha that a slave can be half-freed can be derived from the phrase: “And not at all redeemed [vehofde lo nifdata]” (Leviticus 19:20), indicating that she has been partially redeemed but not fully redeemed. And the Rabbis hold: The Torah spoke in the language of people, and the repetition of the verb in the verse is not to be used as a source for deriving a halakha. However, when the slave is half-emancipated via a bill of manumission, everyone agrees that the slave has not acquired himself and remains a full slave.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises an objection against Rav Yosef’s statement based on what was taught in a baraita: With regard to one who emancipates half of his slave with a bill of manumission, Rabbi Yehuda HaNasi says: He has acquired himself, and the Rabbis say: He has not acquired himself. The Gemara concludes: The refutation of the opinion of Rav Yosef is a conclusive refutation.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: In this baraita, they disagree in a case where the slave is half-emancipated via a bill of manumission. However, they do not explicitly disagree in a case where the slave is half-redeemed with money. Shall we say that this is a conclusive refutation of the statement of Rav Yosef with regard to two aspects: First, as above, Rabbi Yehuda HaNasi holds that he is half-freed via a bill of manumission; second, according to his statement, the dispute pertains to redeeming with money, yet the baraita gives no indication that the Rabbis would hold that the slave can be half-redeemed with money?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: Rav Yosef could have said to you: They disagree with regard to emancipation via a bill of manumission, and the same is true, that they would disagree, with regard to redeeming with money. And this, that they explicitly disagree with regard to emancipation via a bill of manumission, is to convey to you the far-reaching nature of the opinion of Rabbi Yehuda HaNasi, that a slave can be half-freed even by receiving a bill of manumission.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And let them disagree with regard to redeeming with money, and to convey to you the far-reaching nature of the opinion of the Rabbis, that they hold he cannot be half-freed even through redeeming with money. The Gemara responds: It is preferable to the tanna to emphasize the power of leniency, and therefore the dispute is presented as it is.