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1) ALL CAN LEARN THE GEZEIRAH SHAVAH

(a) Question #2: How do Chachamim learn regarding piercing the ear?
(b) Answer: "His master will bore through his ear with an awl" - and not the ear of one who sold himself.

1. R. Elazar says, the verse comes for a Gezeirah Shavah.

i. (Beraisa - R. Elazar) Question: How do we know that the right ear is pierced?
ii. Answer: It says "Ozen" here and by a Metzora. Just as there it refers to the right ear, also here.

2. Chachamim: If it only came for the Gezeirah Shavah, it would say "Ozen". Rather, it says "Ozno (his ear)", so we also exclude the ear of one who sold himself.
3. R. Elazar: It says "his ear" to exclude a female slave from becoming a Nirtza'as.
4. Chachamim: We learn that from "If the slave will say" - a male slave, not a female slave.
5. R. Elazar: "The slave" teaches that he must say (that he wants to remain a slave) before his 6 years end.
6. Chachamim: The extra 'Hai (the slave)' teaches that.

i. R. Elazar holds that the 'Hai' does not warrant expounding.

(c) Question #3: How do Chachamim learn regarding gifts?
(d) Answer: "You will give a gift to him" - and not to one who sold himself.

1. R. Elazar: No - this teaches, to him, not to his heirs.
2. Objection: Why shouldn't his heirs receive the gifts - the Torah calls the slave a worker!

i. Just as a worker's heirs inherit his wages, a slave's heirs inherit the gifts due to him!

3. Correction: Rather, R. Elazar learns from the verse that we do not give the gift to his creditor.

i. Normally, R. Noson's law applies - this is an exception.
ii. Beraisa (R. Noson): "He will give to the one he sinned against" - if Reuven owes Shimon, and Shimon owes Levi, we take from Reuven to pay Levi.

4. Chachamim: We argue on R. Noson (so no verse is needed to say that his law doesn't apply here).

(e) Question #4: How do Chachamim learn regarding mating the slave with a Shifchah?
(f) Answer: "If his master will give him a wife" - not to one who sold himself.

1. R. Elazar: The verse teaches that the master can force the slave to have children through her.
2. Chachamim: We learn that from another verse.

i. (Beraisa): "For he worked double of a hired worker" - workers only work by day, Hebrew slaves also work at night.
ii. Question: That cannot be - "It is good for him with you" - he (even) eats and drinks as you (surely, he does not work day and night)!
iii. Answer (R. Yitzchak): Rather, the master mates him with a Shifchah.

3. R. Elazar: That verse does not prove that the master can force the slave.

(a) Question: Which Tana doesn't learn the Gezeirah Shavah?
(b) Answer #2: The Tana of the following Beraisa.

1. (Beraisa - R. Eliezer ben Yakov) Question: "He will return to his family (in Yovel)" - of whom does this speak?

i. Suggestion: If this is a slave that sold himself - this was already taught!
ii. Suggestion: If this is a Nirtza - this was already taught!

2. Answer: Rather, it is a slave sold by Beis Din less than 6 years before Yovel.

i. If R. Eliezer ben Yakov learned the Gezeirah Shavah, he would not need a verse - he would learn from one who sold himself!

(c) Rejection (Rav Nachman bar Yitzchak): Really, he learns the Gezeirah Shavah; still, a verse is needed.

1. One might have thought, one who sold himself goes free (in Yovel), since he did not transgress; but one sold by Beis Din (for stealing) is fined and does not go free - the verse teaches, this is not so.
2. Question: Where did the Torah teach that Nirtza goes free?
3. Answer (Beraisa) Question: "A man will return to his inheritance, and to his family (in Yovel)" - of whom does this speak?

i. Suggestion: If this is a slave that sold himself - this was already taught!
ii. Suggestion: If this is a slave sold by Beis Din - this was already taught!

4. Answer: Rather, it speaks of one who became a Nirtza less than 6 years before Yovel, that he goes free in Yovel.
5. Question: How does the verse teach this?
6. Answer (Rava bar Shilo): "A man" - it speaks of something that applies to a man, not a woman, namely, a Nirtza.
7. It is necessary to hear about one sold by Beis Din, and about a Nirtza.

i. If we only heard that one sold by Beis Din goes free - one might have thought, that is because he did not desire to stay past his term (but a Nirtza would not go free).
ii. If we only heard that a Nirtza goes free - one might have thought, that is because he already served 6 years (but one sold by Beis Din would not go free).

8. It is necessary to say "(A Nirtza) will return (in Yovel)", and also "(A Nirtza will serve) forever".

i. If it only said "forever" - one might have thought, he never goes free.
ii. If it only said "(He) will return (in Yovel)" - one might have thought, this is only if Yovel was within 6 years of becoming a Nirtza; but the extra years of a Nirtza would never exceed his initial term (he would go free after 6 years) - we hear, this is not so.

(d) Answer #3: Rebbi does not learn the Gezeirah Shavah.

1. (Beraisa - Rebbi): "If (one sold to a Nochri) will not be redeemed through these (relatives)" - he is redeemed (goes free) through relatives, but not through serving 6 years.

i. One might have thought, a Kal va'Chomer teaches that he goes free after 6 years: one who sells himself to a Yisrael, the Torah did not say that his relatives redeem him, but it says that he goes free after 6 years;
ii. One who sells himself to a Nochri, by whom the Torah says that his relatives redeem him, all the more so he should go free after 6 years!
iii. "Through these" shows that this is not so.
iv. If Rebbi learned the Gezeirah Shavah, he would not say that one who sells himself to a Yisrael is not redeemed by relatives - he would learn from the Gezeirah Shavah that he is!

(e) Rejection (Rav Nachman bar Yitzchak): Really, Rebbi learns the Gezeirah Shavah; here is different, for the Torah said "He will redeem him (one sold to a Nochri)" - and not one sold to a Yisrael.

(a) Question: Which Tana'im argue on Rebbi?
(b) Answer: R. Yosi ha'Galili and R. Akiva.

1. (Beraisa - R. Yosi ha'Galili): "(If) he will not be redeemed with these" - if he is redeemed through relatives, he goes free; if he is redeemed by a stranger, he serves the stranger;
2. R. Akiva says, if he is redeemed through relatives, he serves them; if he is redeemed by a stranger, he goes free.

(c) Question: What are R. Yosi ha'Galili's (and R. Akiva's) reason(s)?
(d) Answer #1: R. Yosi ha'Galili learns from "If he will not be redeemed through these" - rather through another - "he will go free in Yovel".

1. R. Akiva learns, "If he will not be redeemed" - only - "through these, he will go free in Yovel".
2. Objection: The verse does not say 'only'!

(e) Answer #2: Rather, they argue regarding "Or his uncle...will redeem him" - this is redemption through relatives; "or he will attain (money to redeem himself)" - this is redemption through himself; "and he will be redeemed" - this is redemption through others.

1. R. Yosi ha'Galili says that the middle of the verse teaches about the beginning: just as he goes free when he redeems himself, also when relatives redeem him;
2. R. Akiva says that the middle of the verse teaches about the end: just as he goes free when he redeems himself, also when strangers redeem him.
3. Question: If so, why did the Torah need to write "through these" (from which R. Akiva derived that if he is redeemed through strangers, he goes free)?
4. Answer: One might have thought, the middle of the verse teaches about the beginning and the end, and he goes free whether he is redeemed through relatives or strangers - we hear, this is not so.
5. Question: But it is more reasonable to learn as R. Yosi ha'Galili, that "through these" teaches that he goes free when redeemed by relatives!

(f) Answer #3: They argue based on which is more reasonable.

1. R. Yosi ha'Galili says that he should serve strangers that redeem him - if not, they would not redeem him!
2. R. Akiva says that he should serve relatives that redeem him - if not, a man would be quick to sell himself to a Nochri, confident that his relatives will redeem him!

(g) (R. Chiya bar Aba): Chachamim argue on R. Yosi ha'Galili and R. Akiva - they say, he goes free whether he is redeemed through relatives or strangers.
(h) Question: Who are the Chachamim?
(i) Answer: Rebbi, who expounds "Through these" differently (to teach that he does not go free after 6 years;

1. The middle of the verse "Or his uncle...or he will attain" teaches about the beginning and the end.

(j) Question: What does Rebbi learn from "He will go free in Yovel" (since he goes free immediately no matter who redeems him)?
(k) Answer (Beraisa): "He will go free in Yovel" - this speaks of a Nochri under our control.
(l) Question: Perhaps it applies even if he is not under our control!
(m) Rejection: If so, the slave will only go free when he wants to free him!