A Canaanite bondsman is acquired by money, writ, and chazakah (proprietary act), [it being written (Leviticus 25:46): "And you shall hold them (Canaanite bondsmen) as an inheritance for your sons after you to inherit as a holding." (Canaanite) bondsmen are hereby likened to land. Just as land is acquired by money, writ, and chazakah, so a Canaanite bondsman is acquired by money, writ, and chazakah. The chazakah of (i.e., of acquiring) the bondsman: e.g., the bondsman's untying his master's shoe, or putting it on, or carrying his things after him to the bathhouse, undressing him, washing him, anointing him, massaging him, clothing him, carrying him, or being carried by him — (by all of these) the master acquires the bondsman.] And he acquires himself by money through others, [i.e., which others give to his master on condition that he be freed. But he himself may not accept it from them, even on condition that his master have no rights in it, (this tanna) holding that a bondsman can in no way acquire anything independent of his master.], and by a writ (of manumission) through himself (i.e., which he himself accepts), [this tanna holding it to be a liability for the bondsman to leave his master for freedom. For if his master were a Cohein, he thereby becomes disqualified from eating terumah; and if he were the bondsman of an Israelite, a bondswoman becomes forbidden to him. For this reason he does not gain his freedom with a writ received (on his behalf) by others, but only (with one received) by himself. For since it is a liability for him, "A liability is imposed upon one only in his presence." But (acquiring his freedom by) money through others is different. For the receiving of the money by his master, in itself causes him to be freed, and it is not the others who cause the liability, but the master's receiving of the money. The master in this instance does not become his messenger, but takes the money for himself, the bondsman gaining his freedom as a natural consequence. These are the words of R. Meir. The sages say: By money, through himself [They hold that a bondsman can acquire something independent of his master, for which reason he can acquire himself with money, even through himself; and, it goes without saying, through others.], and by a writ, through others. [For they hold it to be an asset for the bondsman to leave his master for freedom, and "One may benefit a man, even not in his presence." The halachah is in accordance with the sages. And a Canaanite bondsman acquires himself if his master blinds his eye, or knocks out his tooth, or cuts off one of his twenty-four limb prominences: fingertips, toes, ear tips, nose tip, membrum tip, and breast tips in a woman. The reason these are not mentioned in the Mishnah along with the other means by which a bondsman acquires himself is that one who gains his release by (the cutting off of) organ prominences requires a writ of manumission from his master, so that he, essentially, "acquires himself with a writ."], on condition that the money be (the money) of others. [For a bondsman possesses nothing. For even what he finds and what he receives as a gift belongs to his master. And if he wishes to redeem himself, the money must come from others, who give it to him on condition that the master have no rights in it.]
Bartenura on Mishnah Kiddushin
עבד כנעני נקנה בכסף ובשטר ובחזקה – As it is written (Leviticus 25:46): “You may keep them as a possession for your children [after you], for them to inherit as property…,” they (i.e., the Rabbis) made an analogy [on a principle common to both between] עבדים /servants to קרקעות/property. Just as property is acquired by money, document and/or claim based upon undisturbed possession [during a legally fixed period], so also, a Canaanite slave is acquired by money, document and undisturbed possession. And the undisturbed possession of the [Canaanite] slave, such as that he unloosed the shoe for his master, or he helped him put on his shoe, or carried his utensils after his master to the bath house, or undressed him, or washed him, or anointed him, dragged [his possessions], or dressed him, or lifted him up or the master lifted up the slave, he has acquired him.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Kiddushin
Introduction
In today’s mishnah we learn how Canaanite slaves are acquired. We should note that Canaanite slaves essentially become Jews by being owned by Jews. The males are usually to be circumcised, both male and female slaves must undergo ritual immersion and according to halakhah are obligated by most of the commandments.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Kiddushin
בכסף על ידי אחרים – and they will give it (i.e., the money) to the Master in order that this one (i.e., the Canaanite slave) will be a free person, but he himself cannot receive from them, and even on the condition that the Master does not have control over him, since he holds that there is no acquisition for the slave in any side without his Master [being involved].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Kiddushin
A Canaanite slave is acquired by money, deed, or by possession, And acquires himself by money through the agency of others, and by document through his own agency, the words of Rabbi Meir. The Sages say: by money, through his own agency, and by document, through the agency of others, providing that the money comes from others. Money and deed acquire Canaanite slaves, just as they acquire Hebrew slaves. In addition, Canaanite slaves can be acquired through “possession”, which could also alternatively be translated as “presumption of ownership.” We learned the rules of possession in the third chapter of Bava Batra. Practically this would mean that a slave, who treated a certain person as if that person were his owner, would become the property of that person.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Kiddushin
ובשטר ע"י עצמו – For he holds that is obligatory for the slave that he leave from under the hands of his master to freedom, for if the slave is of a Kohen, this disqualifies him from eating the Priest’s due, and if the slave is of an Israelite, it prohibits him from [marrying] a slave/handmaid; and because of this it is said that he does not go out to freedom with a document from/by others, but only by himself, and because it is an liability for him, we do not act on behalf of a person to the latter’s disadvantage other than in his presence (see Mishnah, Tractate Eruvin, Chapter 7, Mishnah 11). And [through] money, which is via others, is different, for the acceptance by the master causes him to be liberated on his own, and these others cannot act on behalf of a person to the latter’s disadvantage, other than through the acceptance of the master, for the master is not made into his agent, but rather, for the needs of himself, and who transfers [possession] on his own.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Kiddushin
Both Rabbi Meir and the Sages agree that a slave acquires his freedom either through a manumission document or through his freedom being purchased with money. However, they disagree over whether or not the slave may purchase himself back. According to Rabbi Meir a Canaanite slave can never own property. Any property which he would acquire would automatically become the property of his owner, since the owner owns the slave. Therefore, only other people may purchase the slave’s freedom. When it comes to a document, the document must be received by the slave himself. The Sages disagree on both counts. They hold that a slave may, under certain circumstances, own his own property. This is possible if other people give the slave money with the condition that the owner not take possession of that money. According to the Sages either he or others may purchase his freedom. Similarly, they disagree about the document. The master can write out a manumission document, give it to another person beside the slave and thereby free the slave. Note that the Sages could have stated that “a slave is acquired by documents or money through his own agency or the agency of others.” This would have been a clearer and slightly briefer statement of the sages’ intent. Instead, the mishnah phrases their statement as the opposite of Rabbi Meir’s statement in order to retain the parallelism.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Kiddushin
וחכ"א בכסף ע"י עצמו – for they hold that there is acquisition for the slave without his master; therefore, he acquires himself through money, even through himself, and all the more so, through others.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Kiddushin
ובשטר ע"י אחרים – as they hold that it is a benefit to the slave that he would go out from under the hand of his master to freedom, and we do something for another’s benefit in his absence. And the Halakha is according to the Sages. But the Canaanite slave acquires his [freedom] if his master blinded his eye or caused him to lose a tooth or mutilated from him one of twenty-four heads of limbs, which are [the tops] of the fingers of the hand, and digits of the feet, and the tops of the ears, the head of the nose, and head of the male genitals, and the tops of a woman’s breasts, and that which is not considered in our Mishnah to be included in those things that the slave acquires himself, because one who goes free through the tops of his limbs requires a document of manumission from his master, that is, that he acquires himself through a document.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Kiddushin
ובלבד שיהא הכסף משל אחרים – for a slave has nothing, for even what he finds and/or receives as a gift – everything belongs to his master. And if he came to be redeemed by himself, the monies must come from others who would give it him on the condition that his master has no control over him.
