Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : One might have thought that even a slave who became sick and is unable to work must work additional time to compensate for the time missed. Therefore, the verse states: “And in the seventh he shall go out” (Exodus 21:2), which indicates that he leaves his master in any case, even if he has not worked the full six years.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Sheshet said: With what are we dealing here? This concerns a case where he fled and the Jubilee Year arrived immediately afterward, and therefore he did not complete the six years of servitude. The novelty of this halakha is as follows. Lest you say: Since the Jubilee Year released him, he is considered sent away by you, the master, and therefore we should not penalize him but grant him the severance gift, the baraita teaches us that once he flees he forfeits his right to the severance gift.

Traduction française en préparation — version anglaise (Steinsaltz) : The Master said above: One might have thought that even a slave who became sick and was unable to work must work additional time to compensate for the time missed. Therefore, the verse states: “And in the seventh he shall go out” (Exodus 21:2). The Gemara asks: Is he excused from working additional time even if he was sick for all six years? But isn’t it taught in a baraita: If he was sick for three years and served for three years, he is not obligated to complete the six years of actual labor, but if he was sick for all six years he is obligated to complete the six years of actual labor. Rav Sheshet said: This is referring to a case where he is unable to perform strenuous labor but can execute minor tasks, such as performing needlework or sewing clothes. Since he can perform work of some kind, this slave is not required to work additional time to compensate for the time missed, even if he was ill for all six years.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara comments: This matter itself is difficult, as the baraita is apparently self-contradictory. On the one hand, you said that if he was sick for three years and he served for the other three years he is not obligated to complete the six years of actual labor. This indicates that if he was ill for four years he is obligated to complete the six years of labor. On the other hand, say the last clause of the baraita: If he was sick for all six years he is obligated to complete the six years of actual labor. That indicates that if he was ill for four years he is not obligated to complete the six years of actual labor. The Gemara answers that this is what the baraita is saying: If he was sick for four years he becomes as one who was sick for all six years, and therefore he is required to complete the six years of actual labor.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Sages taught: How much does one grant a freed slave as a severance gift? It is five sela in value of each and every type mentioned in this verse: “And you shall grant severance to him out of your flock, and out of your threshing floor, and out of your winepress” (Deuteronomy 15:14), which is a total of fifteen sela. This is the statement of Rabbi Meir. Rabbi Yehuda says: He is given thirty sela in total, like the thirty shekels of the fine that is paid for a slave (see Exodus 21:32). Rabbi Shimon says: The master gives him fifty shekels, like the sum of valuations, in which fifty shekels is the largest designated amount for a man (see Leviticus 27:3).

Traduction française en préparation — version anglaise (Steinsaltz) : The Master said above: The master gives five sela of each and every type, which is fifteen sela; this is the statement of Rabbi Meir. The Gemara asks: And does Rabbi Meir come to teach us to count? His novelty certainly cannot be that three fives equal fifteen. The Gemara answers that Rabbi Meir teaches us this: The master may not give less than this total number, but if he gives him less of one type and more of one other type, we have no problem with it, and he has fulfilled the mitzva.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is the reasoning of Rabbi Meir? The Gemara explains: He derives a verbal analogy from “empty” stated with regard to the severance gift: “You shall not send him away empty” (Deuteronomy 15:13), and “empty” stated with regard to a firstborn: “All the firstborn of your sons you shall redeem; and none shall appear before Me empty” (Exodus 34:20). Just as there, in the case of the firstborn, one must give five sela, so too here, in the case of severance gifts, one must give five sela.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But one can say that he is obligated to give only five sela in total from all of the three types listed in the verse. The Gemara answers: If “empty” were written at the end of the verse, i.e., Deuteronomy 15:14, the halakha would be as you said. But now that “empty” is written before the verse, i.e., at the end of Deuteronomy 15:13, apply the phrase “Do not send him away empty” to “flock,” and apply “empty” to “threshing floor,” and likewise apply “empty” to “winepress.” Consequently, there must be five sela for each type.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And let us derive a verbal analogy between “empty” and “empty” from the case of the burnt-offering of appearance in the Temple brought on the pilgrimage Festivals, with regard to which it is said: “And they shall not appear before the Lord empty” (Deuteronomy 16:16). The burnt-offering of appearance has no fixed value. The Gemara answers that the verse states: “Of that with which the Lord your God has blessed you” (Deuteronomy 15:14), which indicates that one must give a respectable amount as a severance gift.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita states that Rabbi Yehuda says that a freed slave is given thirty sela in total, like the thirty shekels of the fine that is paid for a slave. The Gemara asks: What is the reasoning of Rabbi Yehuda? The Gemara answers: He derives a verbal analogy between giving, as stated with regard to the severance gift, from the expression of giving stated in connection to a Canaanite slave gored by an ox: “He shall give to their master thirty shekels of silver” (Exodus 21:32). Just as there, he must pay thirty shekels for the slave, so too here, in the case of a severance gift, he must pay thirty.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But let him derive a similar verbal analogy between “giving” stated with regard to the severance gift and “giving” from valuations (see Leviticus 27:23): Just as there, in the case of valuations, it is fifty shekels for an adult male, so too here, it should be fifty.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara responds: One answer is, as people say, that if you grasped too much, you did not grasp anything; if you grasped a bit, you grasped something. In other words, if there are two possible sources from which to derive the sum of the severance gift, then without conclusive proof one may not presume that the Torah intended to teach the larger amount. Consequently, the master should be required to give only thirty shekels, not fifty. And furthermore, one should derive the halakha of a slave, i.e., the severance gift, from another case involving a slave, i.e., the thirty shekels paid when a Canaanite slave is gored by an ox, rather than derive the halakha of the severance gift from valuations, which apply to all people.