Jewish scholars -- France -- Troyes -- Biography; Rabbis -- France -- Troyes -- Biography; Rashi, 1040-1105
Raba says: We are always dealing with the case in which the
first master has already renounced his right of possession.
And if the slave has been ransomed in order to be a slave, he
serves his second master [farther on the question will be
asked, from whom the second master bought him]; if ransomed to
be free, he serves neither his first nor his second master;
not his second master, since he bought the slave to give him
his liberty; and not the first, since he had already renounced
the slave. R. Simon b. Gamaliel, on the other hand, says: In
the one case as in the other he remains a slave [of his first
master], according to the principle of Hezekiah, who said: Why
is it admitted that he remains a slave in either case? So
that it should not be possible for any slave whatsoever to
deliver himself up to the enemy and thus render himself
independent of his master.
It is objected: R. Simon b. Gamaliel [we have been taught]
said to his colleagues: "Just as it is a duty to ransom free
men, so it is a duty to ransom slaves." This Baraita is to be
understood according to Abaye, who takes it that there had
been no renunciation [who applies the Mishnah to the case in
which there has been previous renunciation; then the first
paragraph of the Mishnah is motived by the abstention of the
owner, who did not ransom his slave]: we thus explain to
ourselves the expression "just as" [of R. Simon b. Gamaliel,
for he does not suppose that the owner abstained, granted that
it is a duty to ransom the slave]. But, according to Raba,
who takes it that there has been renunciation [who applies the
Mishnah to the case in which there was renunciation, and the
first paragraph of the Mishnah is motived by the abstention of
the owner, which is equivalent to a renunciation], this "just
as" [of R. Simon b. Gamaliel, what does it signify?], since R.
Simon b. Gamaliel bases his opinion upon the principle of
Hezekiah [since the reason of R. Simon b. Gamaliel is the
principle of Hezekiah: "so that the slave should not go and
deliver himself up to the enemy"]. Raba replies, etc.,
(Gittin 37b).
Public-domain text, read in full here on John Shaqi.
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