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1) BECOMING A NIRTZA

(a) (Beraisa): "Say, if will say the slave" - he must say twice that he wants to stay.

1. "I will not go out" - this teaches that he must say this at the end of the 6 years, it is not enough to say so at the beginning;
2. "If the slave will say" - he must say this when he is still a slave, it is not enough to say so at the end.

(b) Question #1: How could we think that he may say this at the beginning - he must say "I love my wife (Shifchah) and children (from her)" - he does not have a Shifchah and children yet!
(c) Question #2: At the end of the 6 years, is he not still a slave?!
(d) Answer (Rava): The Beraisa refers to the beginning and end of the last Perutah's worth of his term.
(e) (Beraisa): If the slave has a wife (Shifchah) and children, but his master does not, he cannot become a Nirtza - "he loves you and your household";

1. If the master has a wife and children, but the slave does not, he cannot become a Nirtza - "I love my master and my wife and my children";
2. If the slave loves his master, but the master doesn't love the slave, he cannot become a Nirtza - "it is good for him with you";
3. If the master loves the slave, but the slave doesn't love the master, he cannot become a Nirtza - "he loves you".
4. If the slave is sick and the master is healthy, he cannot become a Nirtza - "it is good for him with you";
5. If the master is sick and the slave is healthy, he cannot become a Nirtza - "with you";

(f) Question (Rav Bivi bar Abaye): What if both are sick?

1. It is enough that he is "with (as) you"?
2. Or, does "It is good for him with you" exclude this?
3. This question is unresolved.

(a) (Beraisa): "It is good for him with you" - regarding food and drink;

1. The master cannot enjoy food, drink, or sleeping accommodations of higher quality than his slave.
2. Buying a Hebrew slave is as buying a master!

(b) (Beraisa - R. Shimon) Question: "He will go out from you, he and his children with him" - his children were not sold!
(c) Answer: Rather, this teaches that the master must feed the slave's children.
(d) Similarly: "If he is married, his wife will leave with him" - his wife was not sold!
(e) Answer: Rather, this teaches that the master must feed the slave's wife.
(f) It is necessary to hear both laws.

1. If we only heard regarding the children, one might have thought that they are fed because they cannot support themselves, but his wife would have to work to feed herself!
2. If we only heard regarding his wife, one might have thought that she is fed because it is not the way for a woman to go begging, but his children would go begging to feed themselves!

3) PIERCING THE EAR

(a) (Beraisa): Had the Torah said 'His ear in the door', one would have thought that the master bores into the door opposite the slave's ear;
(b) Question: How could one think so - it says, "He will pierce his ear with an awl"!
(c) Correction: Rather, one would have thought that he pierces the ear elsewhere, then brings the slave to the door and bores into the door opposite the slave's ear;

1. Therefore, it says "In his ear and in the door" - he bores through the ear until he reaches the wall.

(d) One might have thought, the door can be detached or attached - "Mezuzah" equates the door to the sides of the doorframe.

1. Just as the sides of the doorframe are standing, also the door (must be attached).

(e) (R. Yochanan ben Zakai): The ear is the limb that is pierced, because it heard Hash-m say on Mount Sinai "Bnei Yisrael are slaves to Me" - not slaves to slaves - and this man acquired a different master for himself!
(f) (R. Shimon b'Rebbi): The piercing is done by the door and Mezuzah, because they were witnesses when Hash-m passed over the doors (of Yisrael when killing the firstborns);

1. Hash-m said "Bnei Yisrael are slaves to Me" - not slaves to slaves, and Hash-m took us from slavery to freedom, and this man acquired a different master for himself;
2. Therefore, the piercing is done in front of the witnesses.

(a) (Mishnah): A Kena'ani slave is acquired through money, a document, or Chazakah;

1. R. Meir says, he acquires his freedom through money given by others, or by himself receiving a document;
2. Chachamim say, he acquires his freedom through money he gives himself (but it must be of others), or by others receiving a document for him.

(b) (Gemara) Question: From where do we know this?
(c) Answer: "You will bequeath them to your children after you as an inheritance" - slaves are equated to an inherited field;

1. Just as an inherited field is acquired through money, a document, or Chazakah, also a Kena'ani slave.
2. Suggestion: We should say, just as an inherited field returns to the original owner in Yovel, also a Kena'ani slave!
3. Rejection: "You will forever work with them".

(d) (Beraisa): They can also be acquired through Chalipin.

1. The Tana of our Mishnah only listed acquisitions that do not work by Metaltelim (movable objects), therefore he omitted Chalipin.

(e) (Shmuel): A Kena'ani slave can be acquired by Meshichah (pulling to one's property).

1. If he grabs the slave and the slave comes, he acquires him; if he calls to the slave and the slave comes, he does not acquire him.

(f) We can say that the Tana of our Mishnah only listed acquisitions that do not work by Metaltelim, therefore he omitted Meshichah;
(g) Question: The Tana of the Beraisa listed Chalipin, which applies to Metaltelim - why did he omit Meshichah?
(h) Answer: The Tana of the Beraisa only lists acquisitions of a slave that work both by land and Metaltelim; Meshichah does not acquire land.
(i) (Shmuel): If he grabs the slave and the slave comes, he acquires him; if he calls to the slave and the slave comes, he does not acquire him.
(j) Question: But calling works by animals!

1. (Beraisa): Mesirah (handing over) - if he grabs it by the hooves, hair, saddle, burden, bridle in its mouth, or bell on its neck - he acquires it;
2. Meshichah - if he calls to it and it comes, or he hits it with a stick and it runs before him - once it lifts a foreleg and hind leg, he acquires it;
3. R. Asi says, it must walk its own length.

(k) Answer: An animal comes because it was called; a slave chooses to come (so the Meshichah was done by the slave, not by the buyer).
(l) (Rav Ashi): A child that is a slave has the law of an animal.
(m) (Beraisa): Chazakah - the slave does for the buyer one of the following: unties his shoe, carries his clothing in back of him to the bathhouse, undresses him, bathes him, anoints him, scratches him, clothes him, puts his shoes on, or lifts him;

1. R. Shimon: Chazakah cannot be better than Hagbahah (lifting), for Hagbahah works everywhere!
2. Question: What is R. Shimon saying?
3. Answer (Rav Ashi): The first Tana said that if the slave lifts the master, he is acquired, but not if the master lifts the slave;

i. R. Shimon says that also in this case, he acquires the slave - Chazakah cannot be better than Hagbahah, for Hagbahah works everywhere!

(n) Question: If we say that a slave is acquired if he lifts the master - one should be able to acquire a Shifchah through relations!
(o) Answer: Chazakah is only when the master benefits from the slave's pain - a Shifchah also enjoys relations!
(p) Question: A Shifchah should be acquired through abnormal relations!
(q) Answer #1 (Rav Achaye bar Ada): Perhaps she also enjoys it.
(r) Answer #2 (Rav Achaye): "Mishkevei Ishah" - the Torah equates normal and abnormal relations.