May the Torah learning be a merit for the neshamah of Menachem Mendel Ben Harav Yoel David Balk a”h
This past week we learned Gittin pages 39-46. Here are some of this week’s highlights.
Gittin 40
The Gemara discusses laws concerning avadim and sh’fachos. It teaches that if a dying man said, “Plonis, my shifchah, made me happy in my lifetime; make her happy after I die,” if he then dies, his inheritors must make her happy. If she says, “I will only be happy once I receive a shtar shichrur,” the children must give her a shtar shichrur, because it is a mitzvah to fulfill the last wishes of a dying individual. This Gemara is quite striking. Giving a shtar shichrur violates the mandate of the Torah, “Leolam bahem ta’avodu.” Apparently, the requirement of hakaras hatov, recognizing a favor and displaying gratitude, is so strong that it can mandate taking an act that contravenes “Leolam bahem ta’avodu.”
Rav Yitzchak Zilberstein was asked the following question. A young couple had been blessed with a baby boy and were planning the bris. They did not know to whom to give the honor of kvatter. On the one hand, there was the couple who had set them up. Now that they had a child, they felt that giving the honor of kvatter to the shadchanim would be a powerful display of hakaras hatov. On the other hand, the father of the boy had a brother who was married but had not yet had children. It is said that honoring a couple to serve as kvatter at a bris is a segulah to help them conceive and have children. Perhaps they should honor their siblings with kvatter for it would be an act of chesed to help them have a child, and chesed should be performed with one’s relatives first.
Rav Zilberstein suggested that while our Gemara teaches about how important gratitude is, for it can mandate violating “Leolam bahem ta’avodu,” the mandate of “mib’sarcha al tisa’lem—do not ignore your flesh-and-blood relatives,” is more powerful and they should give the honor to the brother of the father. Rav Shmuel Rosenberg added that the mitzvah of yibum, where a brother is to marry the widow of his deceased brother to create seed that will carry the deceased brother’s name, proves that Hashem wants each brother to be actively concerned in ensuring that his brother has descendants, and therefore the honor of kvatter should be given to the brother-in-law, and the couple who were the shadchanim should be shown gratitude in another way. (Chashukei Chemed)
Gittin 41
Gittin 41 contains a famous Mishnah. What is the law governing an individual who is half eved kena’ani and half free man? Beis Hillel were of the opinion that he works for himself one day and the next day works for his adon. Beis Shammai argued that if he would do so, his financial status would be fair, but his personal status would be too difficult. He would be unable to marry a shifchah, for his half which is free is a full-fledged Yisrael and a Yisrael may not have relations with a shifchah. He also would be unable to marry a Yisraelis for his half which is an eved is prohibited to a Yisraelis. To ask of him to remain unmarried is unfair, for the world was created to be settled and there is a mandate of “lasheves yetzarah.” Therefore, the court would force the adon to free his share in the half-eved, half-free man and the eved would write a promissory note of the value to the adon. Beis Hillel changed their mind and accepted the ruling of Beis Shammai.
Tosfos in Gittin asks a powerful question. Why did Beis Hillel accept the ruling of Beis Shammai? There could have been a different solution for the challenge of the personal status of the half eved. A Jew who steals money and does not have the means to repay the money is sold by beis din to work as an eved Ivri. A person who needs money can also sell himself to serve as an eved Ivri. The eved Ivri has special laws. He lives with his master and works for him for six years. He is also allowed to marry a shifchah. If so, let the chatzi eved, chatzi ben chorin sell his half that is ben chorin to a master and become an eved Ivri and thus be permitted with a shifchah. His half that is an eved kena’ani was always permitted to a shifchah and, through selling himself, his half which is a Yisrael will also be permitted to have relations with a shifchah.
Tosfos in Gittin and in Chagigah answer that a freed eved kena’ani is a ger and a ger cannot become an eved Ivri. A ger does not have relatives. The Torah states about the eved Ivri, “Veshav el mishpachto—And he is to return to his family,” and since a ger has no family to return to he cannot become an eved Ivri.
Tosfos in Bava Basra provides a different answer. Our problem with the half eved, half ben chorin is that we did not want him to perform a prohibited act. A Jew is not allowed to sell himself as an eved Ivri. Hashem said, “Avadai heim—They are My avadim,” Jews are to be exclusively slaves to the Divine, “v’lo avadim le’avadim—and not servants to servants.” Therefore, it would not be a solution for the half ben chorin to sell himself as an eved Ivri, for the very sale would violate the mandate of “Avadai heim.”
Apparently there is a dispute here between baalei Tosfos about the law of “Avadai heim v’lo avadim le’avadim.” Tosfos in Gittin feels that to fulfill a mitzvah this law may be waived, while Tosfos in Bava Basra feels that even to perform a mitzvah one would not be allowed to sell himself and if he did so he would be in violation of “Avadai heim.”
The Rema in Choshen Mishpat (333:3) teaches that one may not accept an employment offer that would entail living in the employer’s home and working for him for three years or more, as such a job resembles servitude, and Hashem has told us, “Avadai heim, v’lo avadim le’avadim.” Rav Zilberstein was asked the following question: A man deeply desired to fulfill the mitzvah of writing a Sefer Torah. He did not have the funds, however, to pay for a Torah. He received an offer to travel abroad and live in the home of a wealthy man and teach the man’s children Torah. However, the man insisted that it be for a term of at least five years since other tutors had left after a brief period and he wanted his son to have one teacher of Torah for an extended period. The man asked Rav Zilberstein, “Am I allowed to take the job? Even though Rema rules that one may not accept employment that entails at least three years of living with the employer and working for him based on “v’lo avadim le’avadim,” perhaps for the sake of fulfilling the mitzvah of writing a Sefer Torah the job may be accepted?”
Rav Zilberstein answered that the baalei Tosfos argue about this question. According to Tosfos in Gittin he would be allowed to take the position. Tosfos taught that one could sell himself as an eved Ivri to fulfill the mitzvah of sheves; it wasn’t possible for the half ben chorin to do so because, as a convert, he could not become an eved Ivri, so he would permit violating “Avadai heim” to fulfill the mitzvah of kesivas Sefer Torah. However, according to Tosfos in Bava Basra, one would not be allowed to accept the tutoring position, since they hold that even to fulfill another mitzvah one may not be violate “Avadai heim.”
Rav Zilberstein added that the Ketzos Hachoshen argues that the prohibition of the Rema is merely Rabbinic. Only selling oneself as an eved Ivri would be a Biblical violation of “Avadai heim.” To accept long-term servitude like employment looks like slavery and is merely prohibited by the Sages. Writing a Sefer Torah, though, is a Biblical obligation. Furthermore, the Shach records Rishonim who did not accept the ruling of the Rema and did not feel there was a prohibition on servile-like employment. Chasam Sofer argues that one only violates “Avadai heim” with a job that lasts at least six years with servant-like characteristics, just as an eved Ivri has a six-year term. Therefore, Rav Zilberstein felt that the likely answer was that the teacher could accept the five-year job for he could rely on Tosfos in Gittin as well as the Ketzos, Chasam Sofer and Shach to permit such a choice. (Chashukei Chemed)
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue, 255 Walnut Street, Englewood, NJ: At 5:35 a.m. Monday, Thursday, at 5:45 a.m. Tuesday, Wednesday and Friday, and at 7:45 on Sunday mornings.
By Rabbi Zev Reichman
