פירוש על גיטין 4:4

עבד שנשבה ופדאוהו – Other Israelites [redeemed him] after his master had despaired of recovering him [of getting him back from captivity].

Introduction These two mishnayoth discuss the emancipation of slaves.

אם לשום עבד ישתעבד – to his second master.

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.

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.

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.

אפותיקי – Here you would stand. From this, you will collect your lien and not from another place.

ושחררו – his first master

שורת הדין אין העבד חייב כלום – to his second master, for the manumission that the first master freed him removes him from enslavement.

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.

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.

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.