If a (Canaanite) bondsman were taken captive and redeemed [by other Israelites after his master had despaired of his return] — if (he were redeemed) for servitude, he serves [the second master]; if for freedom, he does not serve [neither the first nor the second. Not the second, for he redeemed him for freedom. Not the first, [lest they not redeem him]. R. Shimon b. Gamliel says: In either event, he serves [his first master, lest every bondsman cause himself to be taken captive by brigands to escape his master.] If a master made his bondsman an apotiki [po tehei kai ("Here shall it stand"), i.e., From this (the bondsman) shall you collect your debt, and not from elsewhere)], and he [his first master] freed him, justice dictates that the bondsman owes nothing [to the second, for his first master's manumission dissolved his servitude]; but because of "the general good" [lest the second find him in the marketplace and say to him: "You are my bondsman," bringing his children into disrepute], his master [the second] is compelled to free him and he [the bondsman] writes him (the second) a bill of debt for his worth [i.e., for his market value (as a bondsman); not for the amount of the debt if the debt were more than his worth.] R. Shimon b. Gamliel says: He [the bondsman] does not write [him a bill of debt, for he owes him nothing. But his first master, who "damaged" what was owing the second must pay him his worth. For one who damages what is owed to another is liable. (The halachah is in accordance with R. Shimon b. Gamliel)], but he (the second) frees him.
Bartenura on Mishnah Gittin
עבד שנשבה ופדאוהו – Other Israelites [redeemed him] after his master had despaired of recovering him [of getting him back from captivity].
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English Explanation of Mishnah Gittin
Introduction
These two mishnayoth discuss the emancipation of slaves.
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Bartenura on Mishnah Gittin
אם לשום עבד ישתעבד – to his second master.
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English Explanation of Mishnah Gittin
A [non-Jewish] slave [of a Jew] was taken captive and then ransomed [by a third party]: If [he is ransomed] to be a slave he goes back to slavery, If [he is ransomed] as a free man he does not go back to slavery. Rabban Shimon ben Gamaliel says: in either case he goes back to slavery. If a non-Jewish slave is taken captive and held for ransom and then his ransom is paid, according to the first opinion in the mishnah his return to slavery depends upon the intent of the one who paid his ransom. Since the original master didn’t offer up the ransom himself, he loses the ability to decide whether the slave remains a slave. According to another source, if the person who paid the ransom decides that he should remain a slave to his former master, the master must pay back the ransom money. Rabban Shimon ben Gamaliel holds that in any case the slave returns to his previous owner. The Yerushalmi explains that this is in order to prevent the slave from running away. Another explanation is that the first opinion in the mishnah holds that there is no commandment to redeem slaves. Therefore, by paying his ransom the redeemer has in essence purchased the slave and may do with him as he wishes. Rabban Shimon ben Gamaliel holds that there is a commandment to redeem slaves owned by Jews. Since the redeemer fulfilled a commandment he did not acquire the slave and the slave returns to his owner. We should note that there are several other explanations of this mishnah.
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Bartenura on Mishnah Gittin
לשום בן חורין לא ישתעבד – No to his first master nor to his second master. Not to his second master, that behold for the sake of become a free person, he would be redeemed; not to his first master either so that everyone would subject himself to the army and remove himself from his master.
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English Explanation of Mishnah Gittin
If a man makes his slave a pledge [for a debt] to another man and then he emancipates him, according to the “letter of the law” the slave is not liable to do anything. But because of tikkun olam we force his [second] master to emancipate him and he [the slave] writes a document for his purchase price. Rabban Shimon ben Gamaliel says that the slave does not write the document but rather the one who emancipates him. In this case Reuven loans Shimon money, and as a pledge (like pawning) for his loan, Reuven takes Shimon’s slave. Shimon still owns the slave and therefore can free the slave despite the loan. In such a case, according to the letter of the law the slave is totally free and need not do anything. However, to protect the slave from an angry Reuven, the court forces Reuven to write out an emancipation document, as if he too has freed the slave. The slave then writes out a document stating how much he is worth, and with this document Reuven can try to recover his loan from Shimon. Rabban Shimon ben Gamaliel says that the original owner (Shimon) writes out the document for he is the one who damaged the lender’s lien on his assets by freeing the pledged slave. If the debtor writes the document, the creditor is more likely to recoup his loss.
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Bartenura on Mishnah Gittin
אפותיקי – Here you would stand. From this, you will collect your lien and not from another place.
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Bartenura on Mishnah Gittin
ושחררו – his first master
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Bartenura on Mishnah Gittin
שורת הדין אין העבד חייב כלום – to his second master, for the manumission that the first master freed him removes him from enslavement.
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Bartenura on Mishnah Gittin
אלא מפני תקון העולם – lest his second master would find him in the market and say to him: “you are my servant and cast aspersion on the purity of his children.
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Bartenura on Mishnah Gittin
כופין את רבו – The second [master], and make him (i.e., the slave) a free man. And the slave should write a document of liability regarding his worth, that is to say, according to what he would be worth to be sold in the marketplace, not according to the liability if the liability was greater than his monetary worth.
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Bartenura on Mishnah Gittin
רשב"ג אמר אין העבד כותב – [the slave does not write] a document of liability, for he is not liable for anything., but the first master who damaged his servitude, he is the one who must pay his worth, for the one who damages the servitude of his fellow is liable and the Halakha is according to Rabban Shimon ben Gamaliel.
