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1) WHAT GIFT IS GIVEN?

(a) (Beraisa - R. Meir): The slave receives a gift of 5 Sela'im worth of each category (flock, grain and wine), 15 Sela'im in all;

1. R. Yehudah says, he receives 30 Sela'im, just as the payment for a (Canaanite) slave killed by an (established) goring animal;
2. R. Shimon says, 50 Sela'im, as the highest Erech (assigned value, when one pledges a person's Erech to Hekdesh).

(b) Question: Why must R. Meir say that the total gift is 15 (since he gets 5 of each category, clearly he gets 15!)?
(c) Answer: He teaches that as long as the slave receives 15, we do not care if exactly 5 was from each category.
(d) Question: From where does R. Meir learn (that he gets 5 of each category)?
(e) Answer: He learns a Gezeirah Shavah "Reikam-Reikam" from redemption of a firstborn son.

1. Just as the redemption is 5 Sela'im, also the gift is 5 Sela'im of each category.
2. Question: Perhaps the total value should be 5 Sela'im!
3. Answer: If it would say "Reikam" after the categories, we would indeed say so!

i. Since "Reikam" is said before, it teaches that 5 Sela'im applies to each of them.

(f) Question: Why don't we learn from "Reikam" written by the burnt-offering one must bring each festival (which need not be worth very much)!
(g) Answer: "That Hash-m blessed you" shows that the larger amount is intended.
(h) Question: Why does R. Yehudah prefer to learn from the payment for a gored slave?
(i) Answer: He learns a Gezeirah Shavah "Nesinah-Nesinah".
(j) Question: Why not learn the Gezeirah Shavah (on the same words) from Erchin (Rashba - of people; Tosfos Rid - of fields), and say that the gift is 50?
(k) Answer #1: If there are 2 ways to learn, we learn the smaller Chidush.
(l) Answer #2: It is more reasonable to learn a law about a slave from a law about a slave.
(m) Question: Why does R. Shimon prefer to learn 50, from Erchin?
(n) Answer #1: He learns a Gezeirah Shavah "Nesinah-Nesinah".

1. Question: Why not learn the smallest Erech (Rashba - 5 Sela'im; Tosfos Rid - slightly more than 1 Sela)?
2. Answer: "That Hash-m blessed you" shows that the largest amount is intended.
3. Question: Why not learn the Gezeirah Shavah (on the same words) from a gored slave, and say that the gift is 30?

i. If there are 2 ways to learn, we always learn the smaller Chidush;
ii. Also, it is more reasonable to learn a law about a slave from a law about a slave!

(o) Answer #2: Rather, he learns a Gezeirah Shavah "Michah-Michah" from Erchin (of people).
(p) According to R. Meir, we understand why the Torah wrote 3 categories (we learn, 5 Sela'im for each).

1. Question: According to R. Yehudah and R. Shimon, why was this needed?
2. Answer (Beraisa - R. Shimon): One might have thought, the gift can only be from flock, grain, and wine - "That Hash-m blessed you" shows that other things may be given.
3. Question: If so, why did the Torah specify flock, grain and wine?
4. Answer: To teach - just as these increase (reproduce), the gift must be something that reproduces, to exclude money;
5. R. Eliezer ben Yakov says, this excludes mules.

i. R. Shimon includes mules, for they grow larger.
ii. R. Eliezer ben Yakov includes money, for it may be invested profitably.

6. All 3 categories had to be said.

i. Had the Torah only said "flock" - one might have thought, only living things may be given, not vegetation - "grain" was written to include vegetation;
ii. Had the Torah only said "grain" - one might have thought, only vegetation may be given, not living things - "flock" was written to include animals;

iii. "Wine" was written - according to R. Shimon, to exclude money, according to R. Eliezer ben Yakov, to exclude mules (Rashi; Tosfos - according to R. Shimon, to include mules, according to R. Eliezer ben Yakov, to include money).

(q) (Beraisa): "That Hash-m blessed you" - one might have thought, if the master was not blessed (did not prosper) while the slave worked for him, he is exempt from giving the gift - "Ha'anik (give a gift), Ta'anik", even if he was not blessed.

1. Question: If so, why does it say "That Hash-m blessed you"?
2. Answer: If he was blessed, he should give (more than the minimum) according to the blessing.

(r) R. Eliezer ben Azaryah says, if the master was not blessed, he is exempt;

1. He does not expound "Ha'anik, Ta'anik" - this is a way of speaking, and the Torah speaks as people.

(a) (Beraisa): If the master dies, a male Hebrew slave serves the son, but not the daughter;

1. An Amah, a Nirtza, or one sold to a Nochri goes free.

(b) Question: From where do we know that a male Hebrew slave serves the son, but not the daughter?
(c) Answer (Beraisa): "He will serve you 6 years" - you, but not an heir (i.e. the daughter).
(d) Suggestion: Perhaps it means, he will not serve any heir!
(e) Rejection: "He will work 6 years" already teaches that he serves an heir (the son).
(f) Question: Why learn that the heir he serves is the son - perhaps it is the brother!
(g) Answer: It is more reasonable to say the son, for he takes the place of his father to marry the father's Amah, and to redeem a field his father made Hekdesh.
(h) Objection; It is more reasonable to say the brother, for he takes the place of his brother in Yibum!
(i) Answer: Yibum only applies when there is no son (showing that a son is an even better replacement (for his father) than a brother is).
(j) Question: Why is such an answer needed - even if the brother was better regarding Yibum, the son is better in 2 respects!
(k) Answer: We cannot count redemption of the field, for the verse did not specify who is in place of his father - if the brother was indeed better regarding Yibum, we would not know who is better regarding the field!
(l) (Beraisa): An Amah does not serve the son or daughter.
(m) Question: From where do we know this?
(n) Answer (R. Pada): "You will do so even to your Amah" - this equates an Amah to a Nirtza.

1. Just as a Nirtza serves neither child, also an Amah.

(o) Question: We learn something else from this verse!

1. (Beraisa): "You will do so even to your Amah" - she also receives gifts when she leaves.
2. Suggestion: Perhaps it rather teaches that she can become Nirtza'as!
3. Rejection: "If the slave will say (that he wants to become a Nirtza)" - and not an Amah.

(p) Answer: If the verse only came to teach about not serving an heir, it would say "even to your Amah";

1. It also says "You will do" to additionally teach that she receives gifts.

(a) (Beraisa): A Nirtza or a slave sold to a Nochri does not serve the son or daughter.

1. Nirtza is learned from "...he will serve him forever" - and not his son or daughter.

(b) Question: From where do we know a slave sold to a Nochri?
(c) Answer (Chizkiyah): "He will calculate (the redemption) with the one who bought him" - and not with the buyer's heirs.
(d) (Rava): From the fact that the Torah had to teach that the slave is not inherited, we learn that a Nochri inherits his father mid'Oraisa;

1. A convert does not inherit his father mid'Oraisa, only mid'Rabanan;

i. (Mishnah): A convert and a Nochri (his brother) inherited their father (a Nochri). The convert can tell his brother: Take the idols, I will take the money; take the wine used for idolatry, I will take fruits;
ii. If the convert already received the idolatry or wine, he cannot trade it.

2. Suggestion: If a convert inherits mid'Oraisa - even before he receives them, they are (half) his, it should be forbidden to trade them, for this is benefit from idolatry!
3. Conclusion: Rather, he inherits mid'Rabanan; this is a decree, lest the convert revert to being a Nochri if he would not inherit.

i. Support (Beraisa): One can say 'Take the idols, I will take the money' when splitting an inheritance; but a partner with a Nochri may not say this.

(e) A Nochri or a convert do not inherit a convert, not mid'Oraisa nor mid'Rabanan.

1. (Mishnah): Reuven borrowed money from Yisro, a convert whose children converted with him; Yisro died. Reuven should not return the money to Yisro's children - Chachamim are upset if he does.
2. Contradiction (Beraisa): If he returns to them Chachamim are pleased!
3. Answer: It their mother converted before the birth (but they were conceived before their father converted), it is good to return the money; if their mother was a Nochris when they were born, it is bad to return the money (Rashi; Ri in Tosfos learns differently).

(f) (R. Chiya bar Avin): "I gave Mount Se'ir as an inheritance to Esav" - this teaches that mid'Oraisa, a Nochri inherits his father.
(g) Objection: That proof if inconclusive - perhaps a Yisrael Mumar inherits, but not a Nochri!
(h) Correction: Rather, we learn from "I gave Ar as an inheritance to the children of Lot".
(i) Question: Why doesn't R. Chiya bar Avin learn as Rava?
(j) Answer: It does not say 'He will calculate with the one who bought him, not with the buyer's heirs' (there is no necessity to say that the buyer has heirs)!
(k) Question: Why didn't Rava learn as R. Chiya bar Avin?
(l) Answer: Perhaps a Nochri normally does not inherit; Hash-m made an exception by Lot, on account of the honor of Avraham.