Talmud Yerushalmi
Yerushalmi Peah 3:8 ירושלמי פאה ג׳:ח׳
Part of: Chapter 3
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משנה: הַכּוֹתֵב נְכָסָיו לְעַבְדּוֹ יָצָא בֶּן חוֹרִין. שִׁיֵיר קַרְקַע כָּל שֶׁהוּא לֹא יָצָא בֶּן חוֹרִין. רִבִּי שִׁמְעוֹן אוֹמֵר לְעוֹלָם הוּא בֶּן חוֹרִין עַד שֶׁיֹּאמַר הֲרֵי כָּל נְכָסַי נְתוּנִין לְאִישׁ פְּלוֹנִי עַבְדִּי חוּץ מֵאֶחָד מֵרִיבּוֹא שֶׁבָּהֶן.
MISHNAH: He who writes over his properties to his slave makes him free190Since the slave is also property, he acquires himself and, therefore, becomes his own master. The gift document is at the same time the document of manumission.. If he reserved any real estate, he does not make him free191Since he reserved something, in the interpretation of Maimonides (following the Babli, Giṭṭin 9a) the document does not refer exclusively to the slave and, therefore, is not a document of manumission. Since the master is now dead, nobody else can be forced to write a document of manumission for the slave. R. Simson’s interpretation is that he writes the deed only to make sure that the slave take care to preserve the estate but he will have reserved the slave himself for his heirs.. Rebbi Simeon says, the slave always becomes free unless the master says, all my properties are given to my slave X except one tenthousandth of them192Since he did not spell out what is reserved, the slave himself may be reserved. But if he spelled out what is reserved, that is reserved and nothing else..
MISHNAH: He who writes over his properties to his slave makes him free190Since the slave is also property, he acquires himself and, therefore, becomes his own master. The gift document is at the same time the document of manumission.. If he reserved any real estate, he does not make him free191Since he reserved something, in the interpretation of Maimonides (following the Babli, Giṭṭin 9a) the document does not refer exclusively to the slave and, therefore, is not a document of manumission. Since the master is now dead, nobody else can be forced to write a document of manumission for the slave. R. Simson’s interpretation is that he writes the deed only to make sure that the slave take care to preserve the estate but he will have reserved the slave himself for his heirs.. Rebbi Simeon says, the slave always becomes free unless the master says, all my properties are given to my slave X except one tenthousandth of them192Since he did not spell out what is reserved, the slave himself may be reserved. But if he spelled out what is reserved, that is reserved and nothing else..
הלכה: רִבִּי יָסָא בְשֵׁם רִבִּי לָעְזָר שִׁיֵיר מְטַלְטְלִין לֹא עָשָׂה כְּלוּם. אֲנִי אוֹמֵר גּוּפוֹ שִׁיֵיר.
HALAKHAH: Rebbi Yasa (Assi) in the name of Rebbi Eleazar: If he reserved some movables, he did not do anything193Following both interpretations of the Mishnah, the situation is identical to the one where real estate was reserved and the document is invalid.. I say that he reserved the slave’s person.
HALAKHAH: Rebbi Yasa (Assi) in the name of Rebbi Eleazar: If he reserved some movables, he did not do anything193Following both interpretations of the Mishnah, the situation is identical to the one where real estate was reserved and the document is invalid.. I say that he reserved the slave’s person.
וּכְשֶׁבָּא מַעֲשֶׂה לִפְנֵי רִבִּי יוֹסֵי אָמַר שְׂפָתַיִם יִשָּׁק מֵשִׁיב דְּבָרִים נְכוֹחִים.
194This refers to the opinion of R. Simeon who corrects the wrong attitude of the first teacher of the Mishnah. It is taken from Tosephta Peah 1:13: “He who writes over his properties to his slave makes him free. If he reserved any real estate, he does not make him free. Rebbi Simeon says, if he said all my properties are given to my slave X except one tenthousandth of them, then he did not say anything; but [if he said all] except the hamlet X or the field Y then the slave acquired the property and acquired his freedom. When these words were said before Rebbi Yose, he said: : “He who answers correctly should be kissed on his lips.” R. Simson has in addition: “Even if the estate contains only this hamlet or that field,” meaning that the slave acquires himself (his freedom) even if he acquires no other property from the estate of his dead master. This is the interpretation of all medieval authorities.
Since R. Yose is the most authoritative of the teachers of his generation, his support of R. Simeon’s position makes that the valid practice, against the anonymous majority opinion of the Mishnah. When the case came before Rebbi Yose, he said (Prov. 24:26): “He who answers correctly should be kissed on his lips.”
194This refers to the opinion of R. Simeon who corrects the wrong attitude of the first teacher of the Mishnah. It is taken from Tosephta Peah 1:13: “He who writes over his properties to his slave makes him free. If he reserved any real estate, he does not make him free. Rebbi Simeon says, if he said all my properties are given to my slave X except one tenthousandth of them, then he did not say anything; but [if he said all] except the hamlet X or the field Y then the slave acquired the property and acquired his freedom. When these words were said before Rebbi Yose, he said: : “He who answers correctly should be kissed on his lips.” R. Simson has in addition: “Even if the estate contains only this hamlet or that field,” meaning that the slave acquires himself (his freedom) even if he acquires no other property from the estate of his dead master. This is the interpretation of all medieval authorities.
Since R. Yose is the most authoritative of the teachers of his generation, his support of R. Simeon’s position makes that the valid practice, against the anonymous majority opinion of the Mishnah. When the case came before Rebbi Yose, he said (Prov. 24:26): “He who answers correctly should be kissed on his lips.”