manumitted

If he did not have occasion to pay before he was manumitted, he gives. If he had property about which his master had no power, he gives.

Rebbi Joḥanan said, if he dedicated a Pesaḥ before he converted and then converted, before he was manumitted and then was manumitted, before he grew two pubic hairs and then grew two pubic hairs, has to subscribe to another Pesaḥ. Rebbi Yudan said, all doubts follow Rebbi Nathan, except for him who pours the blood of his purification offering or the blood of his reparation offering when there is a doubt whether he poured during nighttime or poured during daytime, where there is a doubt of atonement, and every doubt of atonement atones.

Rebbi Joḥanan said, if he dedicated a Pesaḥ before he converted and then converted, before he was manumitted and then was manumitted, before he grew two pubic hairs and then grew two pubic hairs, has to subscribe to another Pesaḥ. Rebbi Yudan said, all doubts follow Rebbi Nathan, except for him who pours the blood of his purification offering or the blood of his reparation offering when there is a doubt whether he poured during nighttime or poured during daytime, where there is a doubt of atonement, and every doubt of atonement atones.

MISHNAH: The obligation of levirate is on the oldest [brother] but if a younger one got the start on him, he acquired. If somebody is accused in matters of a slave woman and she was manumitted, or of a Gentile and she converted, he should not marry her but if he married her one does not remove her from him. If somebody is accused in matters of a married woman and she was forcibly divorced from [her husband], even if he married her he must divorce her.

“If somebody is accused in matters of a slave woman and she was manumitted, or of a Gentile and she converted, he should not marry her but if he married her one does not remove her from him.” If he agreed lawfully not to marry her and [nevertheless] married her, she is forcibly removed from him. If he divorced her, may he take her back? If you would say that, would you not defame her children? “If somebody is accused in matters of a married woman,” Rav said, that is, he was accused by witnesses. Rebbi Yose asked, if he was accused by witnesses, is that what was stated: If he divorced her, even if he married her, he must divorce her? If somebody else divorced her, he can keep her! If he was accused by witnesses, even if somebody else divorced her, he must divorce her! But that is what we deal with: If he was accused not by witnesses, if somebody else divorced her, he may keep her.

MISHNAH: Who is injured in his lower parts? Everyone whose testicles are injured, even one of them. The one whose urethra is cut off, anyone whose penis is cut, but he is qualified if there is a thread’s [breath] left of the corona. The ones injured in their testicles or with cut-off urethra are permitted [to marry] a convert or a manumitted woman; they are only forbidden to marry into the congregation, as it was said: “No one with a damaged testicle or with cut-off penis may marry into the Eternal’s congregation.”

MISHNAH: When the mixed-up children became adults and manumitted one another they may marry women appropriate for the priesthood, may not defile themselves for the dead, but if they became defiled they do not suffer forty lashes. They may not eat heave, but if they ate they do not have to pay its value and and additional fifth. They cannot attend distributions on the threshing floor; they have to sell their heave, but the money is theirs. They have no part in the Temple sacrifices, one does not give them sacrifices, but one cannot take theirs from them. They are exempt from the foreleg, the chin, and the first stomach. Their firstborn animal should graze until it develops a blemish. One charges them with the disabilities of an Israel and those of Cohanim.

Rebbi Eleazar asked, what about a male who sleeps with a manumitted slave girl? Let us hear from the following: I could think that a male who sleeps with a Gentile slave has to pay; the verse says: “He shall take her as wife by the bride price.” If he can marry her. This excludes the [gentile] slave (or any) whom he cannot marry. Only because he cannot marry her! Therefore, if he can marry her, she collects the fine, and any who collects the fine has a ketubah. Rebbi Yudan said, does that depend on a fine? Look, the adult collects no fine but her ketubah is 200, the virgin after marriage collects a fine but her ketubah is a mina! Rebbi Ze‘ira said before Rebbi Mana, explain it if she was converted or freed before she reached three years and one day. He said to him, any woman who was converted or manumitted before she reached three years and one day is like an Israel.

Rebbi Eleazar asked, what about a male who sleeps with a manumitted slave girl? Let us hear from the following: I could think that a male who sleeps with a Gentile slave has to pay; the verse says: “He shall take her as wife by the bride price.” If he can marry her. This excludes the [gentile] slave (or any) whom he cannot marry. Only because he cannot marry her! Therefore, if he can marry her, she collects the fine, and any who collects the fine has a ketubah. Rebbi Yudan said, does that depend on a fine? Look, the adult collects no fine but her ketubah is 200, the virgin after marriage collects a fine but her ketubah is a mina! Rebbi Ze‘ira said before Rebbi Mana, explain it if she was converted or freed before she reached three years and one day. He said to him, any woman who was converted or manumitted before she reached three years and one day is like an Israel.

The following is obvious: If he became impure and then was manumitted, he brings a sacrifice of impurity. When is that, if his master forced him or if his master did not force him? If you say that he forced him, how can be bring a sacrifice of impurity? If you say he did not force him, should he not count for his master as long as he still is in the latter’s power? Rebbi Yose said, we are dealing with the case that his master forced him. You should not say that because he was manumitted, the nezirut in impurity was lifted from him. Therefore, it was necessary to say that he counts nezirut in impurity.

The following is obvious: If he became impure and then was manumitted, he brings a sacrifice of impurity. When is that, if his master forced him or if his master did not force him? If you say that he forced him, how can be bring a sacrifice of impurity? If you say he did not force him, should he not count for his master as long as he still is in the latter’s power? Rebbi Yose said, we are dealing with the case that his master forced him. You should not say that because he was manumitted, the nezirut in impurity was lifted from him. Therefore, it was necessary to say that he counts nezirut in impurity.

“Rebbi Yose said, if a slave said, ‘I shall be a nazir when manumitted,’ his master forces him in matters of nezirut. [The master] can force a slave in matters of nezirut; he does not have to force him in matters either of vows or of oaths.” Rebbi Jeremiah asked before Rebbi Ze‘ira: If his master forced him and he became impure, is he to be whipped? Or is that only practice? Where do we hold? If his nezirut has biblical status and by practice one may force, he is whipped. If both are rabbinical, he is not whipped. Rebbi Mana said, does one whip for practice? But it must be the following: If his nezirut is practice and by practice one may force, he is whipped. If both are rabbinical, he is not whipped.

HALAKHAH: “A person who is half slave and half free,” etc. How is it possible that anyone be half slave and half free? Explain it either following Rebbi, since Rebbi said that a person can free half of his slave, or following everybody in the case of a slave belonging to two partners, when one of them manumitted his part. If he found anything of value, on his master’s day it belongs to his master, on his own day it belongs to him. But would he not on the next day turn it over to his master? If he entered a preliminary marriage. On his master’s day, one would not consider his marriage, on his own day one would consider his marriage. But did not Rebbi Ḥiyya say in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce.

MISHNAH: Rebbi Tarphon says, bastards can cleanse themselves. How is this? If the bastard married a slave girl, the child is a slave. When he is manumitted, the son is a free person. Rebbi Eliezer said, he is a slave and a bastard.

“It was stated in the name of Rebbi Meïr: It can happen that a man and a woman give birth to five nations. How is this? [A Gentile] had a male and a female slave who had children: these are Gentiles. If one of them became Jewish, one is a proselyte and one a Gentile. If their master converted and converted them as slaves, [any children] are slaves.” Rebbi Ze‘ira said, this implies that if a Gentile had intercourse with a slave girl, the child is a slave. “If he manumitted the slave girl and she had a son, the child is a bastard. If afterwards he manumitted the slave and he begat a child, he is a freed slave.” “It can happen that a man sells his father to pay his mother’s ketubah. How is this? Somebody has a male and a female slave and they have a son. He manumitted the female slave, married her, and willed all his property to her son. That is one who sells his father to pay his mother’s ketubah.”

“It was stated in the name of Rebbi Meïr: It can happen that a man and a woman give birth to five nations. How is this? [A Gentile] had a male and a female slave who had children: these are Gentiles. If one of them became Jewish, one is a proselyte and one a Gentile. If their master converted and converted them as slaves, [any children] are slaves.” Rebbi Ze‘ira said, this implies that if a Gentile had intercourse with a slave girl, the child is a slave. “If he manumitted the slave girl and she had a son, the child is a bastard. If afterwards he manumitted the slave and he begat a child, he is a freed slave.” “It can happen that a man sells his father to pay his mother’s ketubah. How is this? Somebody has a male and a female slave and they have a son. He manumitted the female slave, married her, and willed all his property to her son. That is one who sells his father to pay his mother’s ketubah.”

“It was stated in the name of Rebbi Meïr: It can happen that a man and a woman give birth to five nations. How is this? [A Gentile] had a male and a female slave who had children: these are Gentiles. If one of them became Jewish, one is a proselyte and one a Gentile. If their master converted and converted them as slaves, [any children] are slaves.” Rebbi Ze‘ira said, this implies that if a Gentile had intercourse with a slave girl, the child is a slave. “If he manumitted the slave girl and she had a son, the child is a bastard. If afterwards he manumitted the slave and he begat a child, he is a freed slave.” “It can happen that a man sells his father to pay his mother’s ketubah. How is this? Somebody has a male and a female slave and they have a son. He manumitted the female slave, married her, and willed all his property to her son. That is one who sells his father to pay his mother’s ketubah.”

MISHNAH: It is bad to meet a deaf-mute, an insane, or an underage person: Anybody who injures them is liable but they who cause injury are not liable. It is bad to meet a woman or a slave: Anybody who injures them is liable but they who cause injury are not liable, but they might have to pay later. If the woman was divorced or the slave manumitted, they have to pay. A person who hits his father or mother causing a concussion or who causes injury to a fellow man on the Sabbath is not liable for anything since he is tried for his life. One who injures his own Canaanite slave is not liable for anything.

Does one tell him, be in the clear with Heaven? Let us hear from the following: “It happened that Rabban Gamliel knocked out a tooth of his slave Tabi. He came to Rebbi Joshua and said to him, I found a reason to manumit my slave Tabi. He told him, you have nothing in your hand; fines only are imposed through witnesses and in court.” This implies that one does not tell him, be in the clear with Heaven. Rebbi Gamliel ben Rebbi Illai asked before Rebbi Mana, does Rabban Gamliel hold with him who says, one is permitted to manumit? He told him, in itself it says that it is forbidden to manumit, for otherwise he should have manumitted him immediately.

MISHNAH: A priest precedes a Levite, a Levite an Israel, an Israel a bastard, a bastard a Gibeonite, a Gibeonite a proselyte, a proselyte a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.

HALAKHAH: “A priest precedes a Levite, a Levite an Israel, an Israel a bastard,” etc. “A Sage has precedence over the king, the king has precedence over the High Priest, the High Priest has precedence over a prophet, a prophet has precedence over the Anointed for War, the Anointed for war has precedence over the head of the watch, the head of the watch has precedence over the [head of a] clan, the [head of a] clan has precedence over the executive officer, the executive officer has precedence over the treasurer, the treasurer has precedence over a common priest, a common priest has precedence over a Levite, a Levite over an Israel, an Israel over a bastard, a bastard over a Gibeonite, a Gibeonite over a proselyte, a proselyte over a manumitted slave. When? If they are all equal. But if the bastard was learned and the High Priest ignorant, the learned bastard precedes the ignorant High Priest.”

I. (1) All are bound in the case of a holocaust except a deaf man, a fool, and a child, and one of doubtful sex, and one of double sex, and women, and slaves who are not manumitted, the lame man, and the blind man, and the sick man, and the old man, and him who is not able to go up on his feet. What is the definition of a child? Every one who is not able to ride upon his father's shoulders, and to go up from Jerusalem to the mountain of the House. These are the words of the house of Shammai. But the house of Hillel say, Every one who is not able to take hold of his father's hand, and to go up from Jerusalem to the mountain of the House, as it is said, "three footgoing times" (Ex. xxiii. 14).

Women and slaves who are not manumitted etc. This is all right as regards women, as we have said, but slaves—how do we get them here? R. Hunna says, The scripture says "before the LORD God" (Ex. xxiii. 17, Deut. xvi. 16). This expression can only apply to him who has but one Lord. He is excluded who has another lord. But why do I need a verse for it? Surely by every precept by which a woman is bound a slave is bound, and by every precept by which a woman is not bound a slave is not bound. The teacher learns it from the case of a woman through the double occurrence of the words "unto her." Rabena said, It is only needed for one who is half a slave and half free. This is precisely too what the teaching of the Mishnah is, women and slaves who are not manumitted. What is the meaning of the addition, who are not manumitted? If I should say that it means, who are not manumitted at all, then the words ought to be simply, slaves, but do you not think that it means, those who are not completely manumitted? and who are such? He who is half a slave and half free. Learn from this the meaning.

Women and slaves who are not manumitted etc. This is all right as regards women, as we have said, but slaves—how do we get them here? R. Hunna says, The scripture says "before the LORD God" (Ex. xxiii. 17, Deut. xvi. 16). This expression can only apply to him who has but one Lord. He is excluded who has another lord. But why do I need a verse for it? Surely by every precept by which a woman is bound a slave is bound, and by every precept by which a woman is not bound a slave is not bound. The teacher learns it from the case of a woman through the double occurrence of the words "unto her." Rabena said, It is only needed for one who is half a slave and half free. This is precisely too what the teaching of the Mishnah is, women and slaves who are not manumitted. What is the meaning of the addition, who are not manumitted? If I should say that it means, who are not manumitted at all, then the words ought to be simply, slaves, but do you not think that it means, those who are not completely manumitted? and who are such? He who is half a slave and half free. Learn from this the meaning.

Women and slaves who are not manumitted etc. This is all right as regards women, as we have said, but slaves—how do we get them here? R. Hunna says, The scripture says "before the LORD God" (Ex. xxiii. 17, Deut. xvi. 16). This expression can only apply to him who has but one Lord. He is excluded who has another lord. But why do I need a verse for it? Surely by every precept by which a woman is bound a slave is bound, and by every precept by which a woman is not bound a slave is not bound. The teacher learns it from the case of a woman through the double occurrence of the words "unto her." Rabena said, It is only needed for one who is half a slave and half free. This is precisely too what the teaching of the Mishnah is, women and slaves who are not manumitted. What is the meaning of the addition, who are not manumitted? If I should say that it means, who are not manumitted at all, then the words ought to be simply, slaves, but do you not think that it means, those who are not completely manumitted? and who are such? He who is half a slave and half free. Learn from this the meaning.

Women and slaves who are not manumitted etc. This is all right as regards women, as we have said, but slaves—how do we get them here? R. Hunna says, The scripture says "before the LORD God" (Ex. xxiii. 17, Deut. xvi. 16). This expression can only apply to him who has but one Lord. He is excluded who has another lord. But why do I need a verse for it? Surely by every precept by which a woman is bound a slave is bound, and by every precept by which a woman is not bound a slave is not bound. The teacher learns it from the case of a woman through the double occurrence of the words "unto her." Rabena said, It is only needed for one who is half a slave and half free. This is precisely too what the teaching of the Mishnah is, women and slaves who are not manumitted. What is the meaning of the addition, who are not manumitted? If I should say that it means, who are not manumitted at all, then the words ought to be simply, slaves, but do you not think that it means, those who are not completely manumitted? and who are such? He who is half a slave and half free. Learn from this the meaning.

Women and slaves who are not manumitted etc. This is all right as regards women, as we have said, but slaves—how do we get them here? R. Hunna says, The scripture says "before the LORD God" (Ex. xxiii. 17, Deut. xvi. 16). This expression can only apply to him who has but one Lord. He is excluded who has another lord. But why do I need a verse for it? Surely by every precept by which a woman is bound a slave is bound, and by every precept by which a woman is not bound a slave is not bound. The teacher learns it from the case of a woman through the double occurrence of the words "unto her." Rabena said, It is only needed for one who is half a slave and half free. This is precisely too what the teaching of the Mishnah is, women and slaves who are not manumitted. What is the meaning of the addition, who are not manumitted? If I should say that it means, who are not manumitted at all, then the words ought to be simply, slaves, but do you not think that it means, those who are not completely manumitted? and who are such? He who is half a slave and half free. Learn from this the meaning.