Kommentar zu Keritot 2:5
אֵיזוֹ הִיא שִׁפְחָה. כֹּל שֶׁחֶצְיָהּ שִׁפְחָה וְחֶצְיָהּ בַּת חוֹרִין, שֶׁנֶּאֱמַר (ויקרא יט), וְהָפְדֵּה לֹא נִפְדָּתָה, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי יִשְׁמָעֵאל אוֹמֵר, זוֹ הִיא שִׁפְחָה וַדָּאִית. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר, כָּל הָעֲרָיוֹת מְפֹרָשׁוֹת, וּמַה שִּׁיּוּר, אֵין לָנוּ אֶלָּא שֶׁחֶצְיָהּ שִׁפְחָה וְחֶצְיָהּ בַּת חוֹרִין:
Wer ist eine Shifchah Charufah ? Eine Frau, die halb Sklavin und halb frei ist, wie geschrieben steht: „Und sie wurde erlöst und nicht erlöst“ (3. Mose 19:20), das sind die Worte von Rabbi Akiva. Rabbi Yishmael sagt: Dies [ein Shifchah Charufah ] ist ein voller Sklave. Rabbi Elazar ben Azariah sagt: Alle verbotenen Gewerkschaften werden ausdrücklich [in der Thora] angegeben, und was bleibt? Wir haben nur einen Fall von jemandem, der halb Sklave und halb frei ist.
Bartenura on Mishnah Keritot
חציה שפחה וחציה בת חורין – who is betrothed to a Hebrew slave, for he is permitted with a maidservant and permitted with a free woman. But not to a Canaanite slave, for e is forbidden to her because of the side of freedom that is within her. But were she not a half-maidservant, the betrothal would take effect with her, but both are killed, but now, the betrothal partially takes effect with her because of the side of freedom that is in her, but it does not take effect with her completely because of the side of servitude that is within her, and that is what is written (Leviticus 19:20): “they shall not be put to death, since she has not been freed,’ but if she is freed, they are liable.
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English Explanation of Mishnah Keritot
Introduction
Our mishnah defines what type of female is referred to in Leviticus 19:20-22.
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Bartenura on Mishnah Keritot
והפדה לא נפדתה – implying she is redeemed slightly but she is not redeemed completely (see Leviticus 19;20).
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English Explanation of Mishnah Keritot
To which type of female slave [does this refer]?
To one who is half a slave and half a free person, as it is written: “And she has been redeemed and not redeemed” (Leviticus 19:20), the words of Rabbi Akiva. According to Rabbi Akiva, the type of female slave referred to in the verse is one who is half a slave and half free (for instance she was owned by two masters and one freed her). He derives this from the strange phrasing in the Torah. The simple meaning of these words is that she has not been redeemed, but the Hebrew syntax allows Rabbi Akiva to interpret the words as if she has been partially redeemed/freed.
To one who is half a slave and half a free person, as it is written: “And she has been redeemed and not redeemed” (Leviticus 19:20), the words of Rabbi Akiva. According to Rabbi Akiva, the type of female slave referred to in the verse is one who is half a slave and half free (for instance she was owned by two masters and one freed her). He derives this from the strange phrasing in the Torah. The simple meaning of these words is that she has not been redeemed, but the Hebrew syntax allows Rabbi Akiva to interpret the words as if she has been partially redeemed/freed.
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Bartenura on Mishnah Keritot
זו היא שפחה ודאית – meaning to say that she is a complete maidservant. And this that is written (Leviticus 19;20): “but has not been redeemed.” The Torah speaks in the language of humans.
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English Explanation of Mishnah Keritot
Rabbi Ishmael says: to a full female slave. Rabbi Ishmael interprets more in accordance with the simple meaning the female slave referred to is fully a slave. She has not been redeemed at all.
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Bartenura on Mishnah Keritot
כל העריות מפורשות – that they free women and we don’t have anything left, and she is definitely different/strange – half maidservant and half free-woman and Rabbi Eleazar ben Azariah is equivalent to Rabbi Akiva, but he said to Rabbi Yishmael: “I hold like you, that the Torah speaks in the language of humans, however, here, it is different, from that it is written (Leviticus 19:20): “or given her freedom,” [the phrase], ‘ but has not been redeemed,” what is the reason for it? Learn from it, that someone who is half a maidservant and half a free-woman. But the Halakha is according to Rabbi Akiva.
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English Explanation of Mishnah Keritot
Rabbi Eliezer ben Yaakov says: all other forbidden sexual relations are stated explicitly, and of the remainder there is only one who can be half a slave and half a free person. All of the other prohibited relations in the Torah are fully free females (they could not be related to the man if they were slaves). There is, according to Rabbi Eliezer ben Yaakov, a long standing tradition that there is one prohibited woman who is half slave/half free. The only one that this can be is the female slave referred to in Leviticus 19. It is interesting that Rabbi Akiva and Rabbi Eliezer ben Yaakov agree that the slave is half free, but they disagree with regard to how we know this; Rabbi Akiva derives it through a midrashic reading of the verse whereas Rabbi Eliezer ben Yaakov derives it from a received tradition. These are two of the main sources of Jewish law tradition and midrash/interpretation.
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