Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : And the other Sage, Rabbi Elazar, would say: That term, “his ear,” comes for a verbal analogy. As it is taught in a baraita that Rabbi Eliezer says: From where is it derived that the piercing of a Hebrew slave’s ear with an awl is performed on the right ear? It is stated: Ear, here, with regard to a Hebrew slave, and it is stated there, with regard to the ritual purification of a leper: “The right ear of he who is to be purified” (Leviticus 14:14). Just as there, with regard to a leper, it specifies the right ear explicitly, so too here, the piercing of a slave must be performed on the right ear.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And how does the other Sage, the first tanna, derive that this piercing can be performed only on the right ear? The Gemara answers: He would argue that if it is so that the word “ear” is stated only for the sake of the verbal analogy, let the verse say merely: Ear, and one would learn the halakha through a verbal analogy from the case of the leper’s ear. What is the reason that it states “his ear”? This serves to teach that one who sells himself may not be pierced.

Traduction française en préparation — version anglaise (Steinsaltz) : And the other Sage, Rabbi Elazar, would answer: That formulation is necessary to teach that the mitzva of piercing applies to “his ear” but not her ear. He learns from the pronoun that piercing may be performed only on a male slave, not a maidservant. The Gemara asks: And from where does the other Sage, the first tanna, derive this halakha? The Gemara answers: He derives it from the verse: “But if the slave shall say” (Exodus 21:5). This indicates that piercing applies to the slave but not to a maidservant.

Traduction française en préparation — version anglaise (Steinsaltz) : And the other Sage, Rabbi Elazar, who does not derive this ruling in the same manner as the first tanna, requires this verse for a different halakha: A slave may declare that he wishes to be pierced provided that he says this when he is still a slave. After he has been emancipated, he can no longer say that he wishes to remain with his master.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And from where does the other Sage, the first tanna, learn this halakha? The Gemara responds: He derives it from the terms: Slave, and “the slave.” If the verse had stated only: Slave, one would have learned that a slave may say this only while still a slave. Since it is actually written “the slave,” this teaches the other halakha as well, that a slave may be pierced but a maidservant may not. The Gemara comments: And the other Sage, Rabbi Elazar, does not learn a halakha from this slight difference between: Slave, and “the slave.”

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies additional details with regard to this dispute: What is the reasoning of the first tanna, who says that one does not grant a severance gift to one who sells himself? With regard to one sold by the court, the Merciful One excludes a certain case by the verse: “You shall give a severance gift to him” (Deuteronomy 15:14). “To him” means to one who is sold by the court, but not to one who sells himself.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And what does the other Sage, Rabbi Elazar, derive from that verse? The Gemara answers: He requires that verse to teach the following: “To him” means that one grants a severance gift only to the slave himself but not to his heirs. The Gemara asks: Why not give this gift to his heirs? After all, the Merciful One calls a Hebrew slave “a hired worker.” Just as payment for the labor of a hired worker is given to his heirs when he dies, so too this severance gift for his labor should be given to his heirs when he dies. Rather, this verse teaches “to him,” but not to the slave’s creditor. One to whom the slave owes money may not collect the slave’s severance gift as repayment of the debt.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Why is it necessary to emphasize that a creditor has no rights to the severance gift? That is necessary due to the fact that we generally hold in accordance with the opinion of Rabbi Natan, as it is taught in a baraita that Rabbi Natan says: From where is it derived that in the case of one who lends one hundred dinars to another, and the other lends a similar sum to yet another, a third person, from where is it derived that the court appropriates the money from this one, the third person, and gives it to that one, the first creditor, without going through the second person, who owes money to the first and is owed that same amount by the third? The verse states: “And he shall give it to him whom he has wronged” (Numbers 5:7), which indicates that the loan should be repaid to the creditor to whom the money is ultimately owed.

Traduction française en préparation — version anglaise (Steinsaltz) : Therefore, the term “to him” comes to exclude this possibility, as the severance gift is given to the slave and not to his creditor. And how does the other Sage, the first tanna, respond to this claim? He maintains that we generally do not hold in accordance with the opinion of Rabbi Natan. Consequently, this exposition is unnecessary.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara continues to ask: What is the reasoning of the first tanna, who says that if one sells himself his master does not provide him with a Canaanite maidservant? The Gemara answers: With regard to one sold by the court, the Merciful One excludes a certain case by the verse: “If his master give to him a wife” (Exodus 21:4). This serves to emphasize “to him” but not to one who sells himself. And the other Sage, Rabbi Elazar, explains: “To him” means even against his will.

Traduction française en préparation — version anglaise (Steinsaltz) : And from where does the other Sage, the first tanna, derive that the slave must remain with this maidservant against his will? He derives it from the verse: “For double of the hire of a hired worker he has served you” (Deuteronomy 15:18). As it is taught in a baraita that this verse: “For double of the hire of a hired worker he has served you,” indicates that a hired worker works only during the day, whereas a Hebrew slave works both during the day and at night.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara clarifies: And can it enter your mind that a Hebrew slave actually works both during the day and at night? But isn’t it already stated: “Because he fares well with you” (Deuteronomy 15:16), which teaches that he must be with you in food and with you in drink? All of the slave’s needs must be fulfilled, and his living conditions must be equal to those of the master himself. If so, he cannot be forced to work under unreasonable conditions. And Rabbi Yitzḥak says in explanation of this halakha: From here it is derived that his master may provide him with a Canaanite maidservant against his will to produce children for the master. This is the service he performs at night.