Mishna Yomit Shabbat Aug. 30 Kerisus Kerisus Chapter 2 Mishna 5 What bondwoman is meant? One who is half bondwoman and half free, thus (Lev.19:20) and (the bondwoman) has not been wholly redeemed. So R.Akiva. R.Yishmael says, One who is wholly a bondwoman. R.Eleazar b.Azaryah says, All forbidden connections are explicitly stated. What then is left? Only one who is half bondwoman and half free. Kehati Thus concerning a designated bondwoman (Lev. 19:20): And whoever lies carnally with a woman that is a bondmaid, designated to a man and not wholly redeemed nor freedom given her; inquiry shall be made; they shall not be put to death. The Tannaim of our mishnah, who differ on the definition of the above bondmaid, however, agreed that it refers to a Canaanite (and not as in Ibn Ezras view, to a Hebrew bondwoman).What designated bondwoman is meant? One who is half bondwoman and half free - e.g., if one of two partners who owned a bondwoman freed her, while the other retained his share; the baraita adds that she is betrothed to a Hebrew bondman, who may marry a bondwoman or a free woman; thus his betrothal is partly valid owing to her semi-free status, but not fully so due to her partial bondwoman status - thus (Lev.19:20) and (the bondwoman) has not been wholly redeemed - lit. she has been redeemed, not redeemed, implies her partial but not total redemption, as a semi-bondwoman. So R.Akiva. R.Yishmael says, - One who is wholly a bondwoman - betrothed to a Hebrew bondman, while she has been redeemed, not redeemed is a colloquialism for an unredeemed bondwoman. R.Eleazar b.Azaryah says, All forbidden connections are explicitly stated in the Torah. What then is left? - i.e., what does she has been redeemed, not redeemed teach us? The Only one left is one who is half bondwoman and half free - according to the Gemara, R.Eleazar b.Azaryah agrees with R.Akiva and merely responds to R. Yishmael thus: Although I agree that the Torah uses idiomatic language, this is an exception since after not wholly redeemed, the phrase nor freedom given her is redundant; hence, it refers to one who is half bondwoman and half free. R.Akiva, however, disagrees that the Torah speaks colloquially. Kerisus Chapter 2 Mishna 6 In all forbidden connections, if one was a major and the other a minor - the minor is exempted; if one was awake and the other asleep - the one asleep is exempted. If one acted inadvertently and the other willfully - the one who acted inadvertently is liable to a sin-offering, and the one who acted willfully is liable to karet. Kehati Our mishnah adds further differences between a bondwoman and other forbidden connections to those listed in the previous mishnah. (Tosefot HaRosh, cited by Melekhet Shelomo, asks why this was not incorporated into the previous mishnah). In all forbidden carnal connections, if one - whether man or woman - was a major and the other a minor - the minor is exempted and the major is liable; e.g., if a mature male had forbidden intercourse with a female three years and one day old, he is liable and she is exempt; likewise if a male nine-year and one day old minor had intercourse with a mature woman, the latter is liable and the former is exempt (Rambam Hil. Isurei Bi ah 1: 13); if one was awake and the other asleep - the one asleep is exempted and the one who was awake is liable. If one acted inadvertently and the other willfully - the one who acted inadvertently is liable to a sin-offering, and the one who acted willfully is liable to karet. If a designated bondwoman was a minor or asleep or acted inadvertently, both are exempted, thus (Lev. 19:20) inquiry (associated with Lashes, see preceding mishnah) shall be made ... and he shall bring his guilt-offering, implies that when the woman receives the Forty Lashes, i.e., if mature and acting willfully, the man brings an offering, but when she is not liable to the Lashes, e.g., a minor or was asleep or acted inadvertently, the man does not bring an offering (opinions differ where the male was a minor or asleep - see Rambam Hil.lsurei Bi ah 3:17; see also Ravads glosses; Maggid Mishneh).
Posted on: Sun, 31 Aug 2014 07:03:44 +0000
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