Kiddushin 25: עֶבֶד שֶׁסֵּרְסוֹ רַבּוֹ בַּבֵּצִים

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With regard to a slave whose master castrates his testicles, what is the halakha?

Is that considered an exposed blemish that is sufficient to emancipate him or not? An answer to their dilemma was not available to Rav Hamnuna. They said to him: What is your name? He said to them: Hamnuna.

They said to him in jest: You should not be called Hamnuna, a good hot fish; rather, your name should be Karnuna, a cold fish that is no longer tasty.

The tips of the fingers and the toes, the tips of the ears, nose and male member, the tips of a woman’s breasts. Rabbi Yehudah says: Even the tips of a man’s breasts.

A braisa was taught regarding this Mishna: The tips of these limbs can set a slave free. Rebbe said: Even castration. Ben Azzai said: Even the tongue.

The question whether or not the testicles are extremities, whether they were fully or partially severed, whether they can be compared to the tongue, are discussed.

We explore the history of emasculation in the slave trade as recent as 1900!

Kiddushin 24: יוֹצֵא בְּשֵׁן וָעַיִן

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Our Gemara discusses this rule and distinguishes between a case where the master physically injured his slave, causing him to become blind or deaf – in which case the slave would go free – and cases where he did not actually hit his eye or his ear, but the trauma of a near-miss causes the slave to lose his sight or his hearing, in which case he would not go free.

We present Efraim Urbach’s master essay on Jewish slavery during talmudic times.

Kiddushin 23: זָכִין לְאָדָם שֶׁלֹּא בְּפָנָיו

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The Mishna (22b) discusses how non-Jewish slaves can be purchased or be freed. Such slaves can be bought with money, a document of purchase (shetar) or an act that symbolizes ownership (hazakah). There is a difference of opinion regarding methods that can be used allowing them to take possession of themselves (i.e., be freed from slavery). According to Rabbi Meir, someone else can purchase them, although they cannot purchase themselves; the Hakhamim allow a slave to purchase his own freedom, as long as the money that he uses belongs to someone else.

Can a slave use his own money to emancipate himself? What if a master dies without heirs - who is permitted to take on his adult slaves? His minor slaves? Where can the money paid for emancipation come from? Should slaves be freed early in any case? Does a slave have the ability to acquire for himself while in servitude? What if the master has no means with which to acquire? When a slave receives his bill of manumission, is he simultaneously permitted to acquire? Should these halachot align with the halachot regarding divorce, where movement from one location to another defines some of the changes in rights and responsibilities?

WE compare and contrast 2 great thinkers of the 20th century: Rav Kook and Erich Fromm’s view of slavery.

Kiddushin 22: אֹזֶן שֶׁשָּׁמְעָה קוֹלִי

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R’ Yochanan ben Zakkai said: This ear that heard at Sinai (Shemos 20:13) “Do not steal”, and he went and he stole, and it heard (Vayikra 25:55) “For Bnei Yisrael are slaves to Me,” and he went and acquired a [different] master for himself, let it be bored.

The Torah clearly states (Vayikra 25:39) that if a person becomes destitute, he can sell himself to be a slave. Why should this be allowed, if it is in violation of the verse to be servants of Hashem alone?

Finally, the slave who has his ear pierced has to suffer this indignity for having heard and then ignored the prohibition at Har Sinai of “Do not steal.”

We examine these texts and the implication of servants being masters.

Kiddushin 21: וְרָצַע אֲדֹנָיו אֶת אׇזְנוֹ

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Our Gemara focuses on the eved ivri who chooses to remain with his master. Will he remain with the master’s son after the master’s death? How long is “forever”? How must the technical application of the law that requires the eved ivri to have his ear pierced be applied? Must it be done with an awl?

Based on a close reading of the pesukim, the Gemara concludes that the eved nirtza – the slave who has had his ear pierced – is only obligated to work for the master, and not his son.

We examine the source critical material distinguishing the Eved Ivri laws in Exodus vs Deuteronomy and the Halacha regarding ear and body piercings.

Kiddushin 20: נַעֲשֵׂית לוֹ כְּהֶיתֵּר

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If a person does not notice the error of his ways, he will end up selling his fields, as the verse states, “When you friend will become poor and he will sell from his ancestral heritage.” If it does not come to his hand (meaning he still does not repent), he then ends up selling his house, as the verse states, “When he will sell a house in a city with a wall.”

The Gemora asks: Why did the braisa say, “If a person does not notice” (if he decides not to repent) and then it says, “If it does not come to his hand” (meaning that it is a foregone conclusion that he will not repent)? The Gemora answers: This is as Rav Huna states: Once a person sins and then sins again, it is permitted to him. Is it really permitted? It is like it is permitted to him. [Accordingly, the braisa explained the last verse to mean that he will not repent, for he repeated the sin, and it becomes permitted to him.]

The braisa continues: If it does not come to his hand, he will end up selling his daughter, as the verse states, “And if a man will sell his daughter.” Even though this verse is not near the other verses, the person must have sold his daughter, as people say that one would rather sell his daughter before taking loans with interest.

( The Gemora (Yoma 86b) explains that a true penitent is one who committed a sin in the past and then the opportunity for the same sins comes again a first time and a second time and he is saved from the sin on both occasions.)

We continue our exploration of slavery and the fruits of bad habits!

Kiddushin 19: אֵין יִעוּד אֶלָּא מִדַּעַת

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The Gemara wonders whether or not a master could designate his Hebrew maidservant to his minor son. I am guessing that the rabbis find this distasteful and are not merely arguing. However, there are previously discussed halachot, including a yevam who is nine years old and one day who has intercourse with his yevama.

One of the arguments against designating one's maidservant to a minor son is the issue of consent. The Gemara notes that a maidservant must consent to her designated husband. One rabbi argues that the maidservant's consent is not her acquiescence but her knowledge of the upcoming marriage arrangement before it occurs.

We present Jay Rosner’s article of rhetorical strategy and dialectical necessity in Kiddushin.

Kiddushin 18: יֵשׁ בָּעִבְרִי שֶׁאֵין בָּעִבְרִיָּה

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The Beraisa states that a Jewish servant goes free after 6 years or at Yovel or with the death of the master but a Jewish maidservant does not go free with these things.

The Gemara explains that a Jewish maidservant does not go free with these three things if her master did Yi'ud.

We see differences in our daf between the treatment of a Hebrew maidservant vs a Hebrew male slave.

Beyond the elements already mentioned in our last two dapim, the rabbis delve into the fact that a Hebrew maidservant is not sold a second time.

They walk us through the possible reasons that a Hebrew slave or a Hebrew maidservant might be sold twice.

We present the wonderful scholarship by Diane Krueger on THE SHIFḤAH NEḤEREFET OF LEVITICUS 19:20-22.

Kiddushin 17: שֶׁבָּרַח וּפָגַע בּוֹ יוֹבֵל

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Regarding severance gifts for servants: Rav Sheshet said: With what are we dealing here? This concerns a case where he fled and the Jubilee Year arrived immediately afterward, and therefore he did not complete the six years of servitude. The novelty of this halakha is as follows. Lest you say: Since the JubileeYear released him, he is considered sent away by you, the master, and therefore we should not penalize him but grant him the severance gift, the baraita teaches us that once he flees, he forfeits his right to the severance gift.

We explore essays by Rav Ammon Bazak comparing Midrsah Yotzer vs Midrash Mevakem and mere Asmachta in the force of law as well as claims of Jewish participation in the slave trade.

Kiddushin 16: בְּאִישׁוּת מִיהַת לָא אַשְׁכְּחַ

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We continue to learn about the rabbis’ understandings of our Mishna (Kiddushin 14).

The rabbis interpret the possible meaning of “She shall not go out as the men slaves.” For the rabbis, this refers to a Hebrew maidservant’s acquisition and release from slavery compared with those of a Canaanite slave.

They consider, for example, whether or not a document is required in all circumstances.

We continue exploring the Jewish Maidservant’s status and development as intrabiblical exegesis.

Kiddushin 15: וְרָצַע אֲדֹנָיו אֶת אׇזְנוֹ

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The second Mishna in Massekhet Kiddushin (14b) leaves the realm of marriage and focuses on the status of an eved ivri – a Jewish slave – and specifically on how such slaves are acquired and how they are granted their freedom.

Ordinarily, a male Jewish slave is acquired by means of kesef or shetar, and leaves slavery after six years of work, or when the yovel arrives or by paying back the value of his remaining years.

Although the common perception today is that slavery is inhumane, the situation of an eved ivri is more similar to a long-term contract, in that the slave must be treated with great respect.

We continue and exposition of Ex 21:6.

Kiddushin 14: מִכֶּסֶף מִקְנָתוֹ

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A new Mishnah states that an eved ivri (Jewish servant) is acquired through money and documents and acquires himself after serving the required years (six years), reaching yovel (the jubilee year), or redeeming himself for the amount of money he was sold for, minus the amount he worked (known as “gira’on kesef”).

A Jewish maidservant has the added method of acquiring herself when she has signs of maturity. A nirtza (Jewish servant who refuses to be freed after six years) is acquired through the nirtza process (his ear is pierced) and acquires himself through yovel and the death of the master.

We explore there development and relationship between slavery and the eved Ivri.

Kiddushin 13: שְׁקַלְתֵּיהּ וְאִישְׁתִּיקָה

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Our daf tells of a woman who was selling varshkhei. A man came and snatched some of the varshkhei. When she demanded that he return them he said, “If I return them will you marry me?” She took them back from him without saying anything. Rav Naḥman ruled that there was no marriage in this case, since the woman can claim that she was taking something that in any case belonged to her.

We explore the notion of qui tacet consentire videtur

And the wonderful discovery of Babatha in the Judeaen desert.

Kiddushin 12: אַבְנָא דְכוּחְלָא

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The Gemara relates an incident in which a man was Mekadesh a woman with a bundle of rags. Rav Shimi bar Chiya had the bundle appraised to determine whether it was worth a Perutah. According to Shmuel, why did he have it appraised? The Kidushin should have taken effect out of doubt even if its value was less than a Perutah! The Gemara answers that Rav Shimi wanted to know whether the Kidushin was Kidushei Vadai or Kidushei Safek.

The Gemara relates another incident in which a man was Mekadesh a woman with a piece of blue marble. Rav Chisda had it appraised to determine whether it was worth a Perutah. The Gemara again asks why he had it appraised; even if it is worth less than a Perutah the Kidushin should take effect out of doubt.

Rav gave lashes to one who would betroth a woman in the marketplace, and for one who betroths a woman with cohabitation (without giving money or a document beforehand), and for one who would betroth a woman without a prior arrangement to marry her, and for one who would nullify a get, and for one who would pronounce that the get is being written without his consent, and for one who is disrespectful towards a messenger from the Rabbis, and for one who has been under an excommunication for thirty days and does not come to Beis Din to have it nullified, and a groom who lives in his father-in-law’s house.

We explore Officer Immunity and Accountability in Jewish Law by David Polsky.

Kiddushin 11: אִשָּׁה מַקְפֶּדֶת עַל עַצְמָהּ

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According to the Mishna, when a man marries a woman by means of money, the minimum amount is, according to Beit Hillel, a peruta or, according to Beit Shammai, a dinar. While Beit Hillel‘s position is fairly easy to understand, Beit Shammai‘s position demands some explanation, and it is discussed on our daf.

Rabbi Zeira suggests that Beit Shammai is simply looking out for the honor of Jewish women, who demand more than a small denomination coin.

We examine the use of coins in the talmud and Palestine in the late antique period.

Kiddushin 10: הָאָב זַכַּאי בְּבִתּוֹ

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Our daf struggle with What does Cohabitation Accomplish?

The Gemora inquires: Does cohabitation effect marriage (nisuin), or does it affect only betrothal ()?

The difference would be whether he inherits her, can become impure to her (if she dies and he is a Kohen, who may only become impure to dead close relatives, and this would include a wife after nisuin), and annul her vows. If it effects nisuin, then he inherits her, he may become impure to her and he annuls her vows, while if it effects only erusin, he does not inherit her, he may not become impure to her and he may not annul her vows.

What is the law?

We explore ancient parallels as well as the insistence of virginity as a late antique construct.

Kiddushin 9: וּבְבִיאָה. מְנָא לַן

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The rabbis in our are concerned about betrothal through sexual intercourse alone. What about the transfer of documentation or of money? The rabbis discuss the intricacies of such a scenario. If a man has intercourse with a woman who is betrothed, he is liable to be stoned (Deuteronomy 22:23-24). But if he betroths her with money and not intercourse, is she fully betrothed? What if he betroths her with money and then engages in anal intercourse with her? Does anal intercourse affect her status as a virgin – and might it affect her status as betrothed?

Our view of bi'a maintained that bi'a, as well as kesef and shtar, is a ma'aseh kiddushin effecting the acquisition in an abstract manner through a symbolic act.

Might bi'a be something different? Might it not merely signal the start of a relationship but actually forge that VERY relationship?

Kiddushin 8: הִתְקַדְּשִׁי לִי בְּמָנֶה

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The Gemara on our daf presents a series of cases where it appears that the woman is accepting kiddushin from the man, but upon closer examination of the case, she may be rejecting it.

For example, if a man hands a woman a coin and says, “Hitkadshi li be-maneh – marry me with this coin,” and she takes it from him and throws it into the ocean or into a fire, we interpret her actions to mean that she is rejecting his offer of marriage.

Rava quoted Rav Nachman who taught that if a man offers a particular sum for kiddushin and he gives a security item (משכון) in its place, the kiddushin is not valid. The reasoning is also presented.

The money for kiddushin is not here, and the security was never meant to be the item given for the kiddushin, it was only a placeholder. Therefore, nothing was given to the woman.

We explore these differences between money and merchandise in the act of kinyan.

Kiddushin 7: חֶצְיֵיךְ בַּחֲצִי פְרוּטָה

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Rava raises an apparent oddity in a situation of marriage. According to Rava, if a man says to a woman “you are betrothed to half of me” the marriage takes effect; if he says to her, however, “half of you is betrothed to me” the marriage does not work.

In response to Abaye’s objection that the Torah describes marriage in the words, “Ki yikah ish ishah – when a man takes a woman as his wife” – indicating that both husband and wife are full and complete, Rava explains that since according to the letter of the law a man can marry more than one woman, therefore the statement “you are betrothed to half of me” has meaning.

We present Boaz Cohen’s monograph (1948-9) of the development of Betrothal in Jewish and Roman Law.

Kiddushin 6: הָאוֹמֵר ״חֲרוּפָתִי״ – מְקוּדֶּשֶׁת

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Our daf begins with a list of some of the many phrases a man might say when betrothing a woman. The rabbis note that different expressions might be used in different places, and these are valid if they are used in the appropriate context. For example, "You are hereby my helper" is generally considered to be a valid statement of betrothal. "You are my espoused one", however, is an expression used in Judea to refer to one's wife. Based on that local custom, as long as the couple was speaking about marriage or the process of betrothal, that expression is considered to be a valid statement of betrothal as well.

We review Rabbi Lamm’s review of recent additions to the Ketubah as well as sociological / cultural functions of marriage in history.