Freeing a Slave

by: Reb Avi Lebowitz

The Gemora (Bava Kamma 74) says that when Rabban Gamliel blinded the eye of Tavi his slave, he was “very happy.” Rashi explains that he was happy because he really wanted to emancipate him, but was unable to do so since freeing a Canaanite slave is a violation of a prohibition, but since he blinded him, he would be free.

[The Ya’avetz raises a technical problem: Rabban Gamliel certainly didn’t blind him intentionally since that would be forbidden, rather it was done accidentally (a proof to this is that he didn’t do it until now), but the Gemora says on 26b that a slave would only go free if he “intended to destroy him.”]

It seems that Rashi would disagree with the Ran (Gittin 20b b’dafei ha’rif) who says that freeing a slave follows the same rules as “lo sei’chanem,” that it is only prohibited if done for the purpose of the slave, but not if done for the need of the master. Based on the Ra”n, it should have been permitted for Rabban Gamliel to free his slave since it brings joy to himself and is not for the benefit of the slave. Can we deduce from this Rashi that he disagrees with the Ra”n and maintains that it is forbidden to emancipate a slave even for the benefit of the master?

It seems that Rashi here is not necessarily against the Ra”n (meaning that even the Ran would hold that Rabban Gamliel wouldn’t be allowed to free his slave for the purpose of giving him joy). The joy that Rabban Gamliel had was not a selfish joy; rather it is because he loved Tavi so much that he wanted to set him free for his own sake. Even the Ra”n would agree that if the only benefit to the master is that he is happy to provide benefit to the slave, that would not qualify as a selfish benefit to permit the freeing of a slave.

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Story from the Daf

When Rabbi Yehoshua from Sosnovitz was a nine year old boy, his father took him to the Rav of the city to be tested on his learning. The Rav asked him to say over the first Mishna in the fourth perek of Gittin (Daf Yomi: Gittin 32a) . The child explained the Mishna as follows: Rabban Gamliel decreed regarding the beards. The Rav realized that the boy couldn’t even translate the words of the Mishna correctly, let alone, explain it properly! Yet, he was hesitant to inform the father of this, for he thought that it would cause him too much pain.

Reb Yehoshua’s father returned and asked the Rav for his assessment of his child. The Rav just related to him the boy’s translation of the Mishna, so the father could ascertain for himself. When the father heard this explanation, he proclaimed, “I didn’t know that my son was on such a lofty level!”

Many years later, when Reb Yehoshua became well known as one of the righteous men in the generation, there was an edict issued from the government that all Jews are required to shave off their beards. They came to Reb Yehoshua for his advice and to beseech him to pray on their behalf that the decree should be nullified. Reb Yehoshua responded: “When I was a child, I explained the Mishna to mean that Rabban Gamliel decreed regarding the beards. The meaning is that Rabban Gamliel decreed that no nation will have the ability to interfere with the beards of the Jewish people. There is nothing at all to be concerned about.” It was only a short time afterward that the decree was rescinded!

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Learning while Standing

The Mishna (Daf Yomi: Sotah 49a) had stated: When Rabban Gamliel the Elder died, the glory of the Torah terminated and purity and abstinence perished.

Rashi cites the Gemora in Megillah ((21a) which states that from the days of Moshe until Rabban Gamliel, they would study Torah standing. Afterwards, people became weaker and they would study torah while sitting; they didn’t have the strength to stand.

The Gemora in Brochos (28a) says that when Rabban Gamliel was the Rosh Yeshiva, his policy was that any student who was not "tocho c'baro," his inside was not like his outside, would not be allowed to enter the Beis Medrash. Not everyone who applied was automatically accepted into his Yeshiva. Rabban Gamliel only accepted students who were honest and sincere, through and through, without any hints of fakery or hypocrisy.

The Gemora relates that there was a subsequent change in the leadership and Rabbi Elozar ben Azariah was appointed the new Rosh Yeshiva. He implemented a new policy: Everyone was invited into the Beis Medrash even someone who was not "tocho c'baro." As a result, the Gemora records: Many benches were added to the Beis Medrash.

Two questions can be asked. Firstly, how were they able to ascertain who was a “tocho c’baro” and who wasn’t; only Hashem is capable of peering into someone’s heart? Secondly, why does the Gemora state that many benches were added; we are not interested in the amount of chairs there were; it should have said that there were many more students learning on the account of the new policy?

Rav Nosson Gishtetner answers based on our Gemora: In the days of Rabban Gamliel, the sincere students would be learning standing; that was a symbol that he was learning Torah for the sake of the mitzvah and not for any ulterior motive. When the new policy was enacted, more benches were added because the generation was weaker and they did not have the ability to stand while they were learning.

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Daf Yomi - Megillah 21 - Standing while Learning

The Gemora states that from the days of Moshe until Rabban Gamliel, they would study Torah standing. Afterwards, people became weaker and they would study torah while sitting; they didn’t have the strength to stand. This is what the Mishna in Sotah (49a) is referring to when it states that once Rabban Gamliel died, the glory of Torah terminated.

The Gemora in Brochos (28a) says that when Rabban Gamliel was the Rosh Yeshiva, his policy was that any student who was not "tocho c'baro," his inside was not like his outside, would not be allowed to enter the Beis Medrash. Not everyone who applied was automatically accepted into his Yeshiva. Rabban Gamliel only accepted students who were honest and sincere, through and through, without any hints of fakery or hypocrisy.

The Gemora relates that there was a subsequent change in the leadership and Rabbi Eliezer ben Azariah was appointed the new Rosh Yeshiva. He implemented a new policy: Everyone was invited into the Beis Medrash even someone who was not "tocho c'baro." Resulting from that, the Gemora records: Many benches were added to the Beis Medrash.

Two questions can be asked. Firstly, how were they able to ascertain who was a “tocho c’baro” and who wasn’t; only Hashem is capable of peering into someone’s heart? Why does the Gemora state that many benches were added; we are not interested in the amount of chairs there were; it should have said that there were many more students learning on the account of the new policy?

Rav Nosson Gishtetner answers based on our Gemora: In the days of Rabban Gamliel, the sincere students would be learning standing; that was a symbol that he was learning Torah for the sake of the mitzvah and not for any ulterior motive. When the new policy was enacted, more benches were added because the generation was weaker and they did not have the ability to stand while they were learning. (Margoliyos Hashas)

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