Monday, October 27, 2008

Maidservant

The Gemora (Daf Yomi: Kiddushin 15) used a verse to teach us that a Jewish maidservant does not have the option of remaining a servant by becoming a nirtza.

The Rishonim ask: Why is a special verse necessary for this? Since the halachah is that only a servant sold by Beis Din can become a nirtza, but not one who sells himself; isn’t it therefore obvious that a maidservant cannot become a nirtza? She is not sold by Beis Din!?

Tosfos answers: It could have been said that anyone who is sold without their consent can become a nirtza, and in this respect, a maidservant is similar to someone sold by Beis Din. Her father sells her and she has no say in the matter. Another verse is required to teach us that she cannot become a nirtza.

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