Monday, October 27, 2008

Yovel for a Runaway Servant

Rav Sheishes (Daf Yomi: Kiddushin 17) explained a braisa (which ruled that a servant who runs away does not receive gifts) to be referring to a case where the servant ran away, and Yovel intervened. The braisa is teaching us that he does not receive gifts in this case (and he is not considered as if the master has freed him).

The Ramba”m rules that the runaway servant does gain his freedom when Yovel intervenes. The Ritv”a explains that there is no servant who remains by the master after Yovel.

The Sma”g, however, disagrees, and he bases his ruling upon a Yerushalmi which indicates that a servant who is not under the jurisdiction of his master when Yovel intervenes, does not go free by Yovel.

The Kesef Mishna asks: Why would the Sma”g rule in accordance with the Yerushalmi when the Bavli (our Gemora) rules that he does go free?

The Lechem Mishna explains that the Sma”g will explain our Gemora differently. He would learn that the Gemora’s conclusion is that the runaway servant does not go free in this case, and that is why he does not receive any severance gifts.

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