Comentário sobre Peah 3:8
הַכּוֹתֵב נְכָסָיו לְעַבְדּוֹ, יָצָא בֶן חוֹרִין. שִׁיֵּר קַרְקַע כָּל שֶׁהוּא, לֹא יָצָא בֶן חוֹרִין. רַבִּי שִׁמְעוֹן אוֹמֵר, לְעוֹלָם הוּא בֶן חוֹרִין, עַד שֶׁיֹּאמַר הֲרֵי כָל נְכָסַי נְתוּנִין לְאִישׁ פְּלוֹנִי עַבְדִּי חוּץ מֵאֶחָד מֵרִבּוֹא שֶׁבָּהֶן:
Se alguém escreve sua propriedade para seu escravo, ele sai livre. Se ele deixar um pouco de terra, não sai como um homem livre. O rabino Shimon diz: Ele é em todos os casos um homem livre, a menos que ele diga:'De fato, toda a minha propriedade é atribuída a tal ou qual, meu escravo, exceto por uma dentre uma multidão que está entre eles [isto é, uma porção não especificada, embora minúscula].'
Bartenura on Mishnah Peah
הכותב כל נכסיו לעבדו – that he wrote, “all my property to so-and-so my slave,” for the slave is include in the property and he (the owner) gave him his selfhood and that which when it states, “my slave” that is my slave that was already.
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English Explanation of Mishnah Peah
Introduction
The final mishnah of chapter three continues to discuss a person who assigns his property in writing (using a document) to someone else, in this case a slave.
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Bartenura on Mishnah Peah
שייר קרקע כל שהוא לא יצא בן חורין – all where he puts down a measurement, we say that he also left to himself, and when he said: “all my property is yours,” he is speaking of the rest of his property, but he deceived him that he came and not to free him. Since he (i.e., the owner) did not say to him “yourself and my property, and even if he doesn’t have any property other than the slave and the land that he left, nevertheless, he (i.e., the slave) does not go out to freedom, for since the word “all my property” is not fulfilled, for it comes as “except for” and he annuls it and we don’t argue his words and they are completely annulled, and he (i.e., the slave) did not acquire his self-food nor the property.
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English Explanation of Mishnah Peah
One who assigns in writing his possessions to his slave, [the slave] thereby goes free. If he reserved for himself any land, however small, he does not become free. If a master writes a document giving all of his property to his slave, then he has given the slave possession of himself, for the slave is part of his property, and his slave goes free. However, if he retains even a small amount of land for himself, but does not specify what piece of land he is retaining, the slave does not go free. This is because we assume that the land that he retained for himself refers to the slave and therefore he has not set the slave free. Slaves are compared to land in Leviticus 25:45-46. Furthermore, since the slave has not acquired his freedom, he cannot acquire property, for everything that a slave acquires goes over to his master. Therefore the entire deal is off and the master retains ownership over all of his property.
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Bartenura on Mishnah Peah
ר"ש אומר לעולם הו בן חורין – whether he has no property other than the slave and the land that he left, or whether he has other property, he (i.e., the slave) is always a free man, and we establish the word, “all my property” with the slave alone, when he doesn’t have other property, and we don’t say when he said, “except for,” this nullifies his word that he said, “all my property,” for we separate his word, and we fulfill him regarding his slave and he goes out as a free man.
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English Explanation of Mishnah Peah
Rabbi Shimon says: he always becomes free, unless [the master] says: “Behold, all my goods are given to so-and-so my slave, with the exception of one ten-thousandth part of them.” Rabbi Shimon disagrees and holds that even if he retains a small amount of land for himself, the slave still goes free. The slave only stays a slave if the master specifically states that he is retaining even a small amount of property for himself. In such a case we say that the property that he retained for himself was the slave.
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Bartenura on Mishnah Peah
חוץ מאחד מרבוא – and he didn’t explain what he leaves aside, but there we said that one-ten-thousandth part that he said, is the servant, and he is not considered other than one of one-ten-thousandth of his property and even though he is worth more, but the Halakha is not according to Rabbi Shimon.
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