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תַּלְמוּד בַּבְלִי · GITTINתַּלְמוּד בַּבְלִי · GITTIN

מַסֶּכֶת גִּיטִּין · דַּף י״ב ע״ב

Elucidated Talmud · Statement and Proof · Navy & Gold Edition
The Sugyaהַסּוּגְיָא

In this daf, we dive deeper into the complex halachic relationship between a master and his slave, specifically focusing on the master's obligation to provide sustenance. We will explore the opinions of Rav and Rabbi Yochanan regarding whether a master can tell his slave, "Work for me, but I will not sustain you," and how this affects the consecration of the slave's hands or the compensation for his injuries.

We will also learn about the practical halachos of a slave who must borrow money to eat and how he repays it, as well as the distribution of medical compensation when a slave is injured. Finally, the Gemara brings us back to the core dispute between Rabbi Meir and the Rabbis regarding whether emancipation is always a benefit for a slave, introducing the case of a Kohen's slave who would lose the right to eat terumah.

All introductions, summaries, and contextual notes are the editor's commentary and are not part of the original text.אַלע הַקְדָּמוֹת, סִכּוּמִים, און הערות זענען דעם רעדאַקטאָר'ס באַמערקונגען און זענען נישט קיין טייל פונעם אָריגינעלן טעקסט.
Questionקוּשְׁיָא

לֹוֶה וְאוֹכֵל?

Does the slave really need to borrow and eat? After all, his master is obligated to provide him with sustenance!

Answerתֵּרוּץ

לְהַעְדָּפָה.

The Gemara answers: This refers to surplus food, i.e., additional food that the slave desires to eat beyond his basic sustenance.

Objectionפִּירְכָא

וְלֵימָא לֵיהּ הֶקְדֵּשׁ: עַד הַשְׁתָּא סַגִּי לָךְ בְּלָא הַעֲדָפָה, וְהַשְׁתָּא נָמֵי תִּיסְגֵּי לָךְ בְּלָא הַעֲדָפָה!

The Gemara objects: But let the Temple treasury say to him: Until now it was enough for you without a surplus, and now too it should be enough for you without a surplus! Why do you suddenly require extra food? Therefore, the consecration should apply to this surplus as well!

Answerתֵּרוּץ

הֶקְדֵּשׁ גּוּפֵיהּ נִיחָא לֵיהּ, כִּי הֵיכִי דְּלַשְׁבַּח עַבְדֵּיהּ.

The Gemara answers: It is pleasing to the Temple treasury itself that he should eat more, so that its slave will improve in value, as eating more will make him stronger and more productive.

Objectionפִּירְכָא

עוֹשֶׂה וּפוֹרֵעַ, קַמָּא קַמָּא קָדֵישׁ לֵיהּ!

The Gemara objects to the earlier statement that the slave works and repays his loan: But as soon as he works, each bit of earnings as it comes becomes consecrated to the Temple treasury, since his hands are consecrated! How then can he use the money to repay his personal debt?

Answerתֵּרוּץ

בְּפָחוֹת פָּחוֹת מִשָּׁוֶה פְּרוּטָה.

The Gemara answers: This refers to a case where he earns less than the value of a perutah at any one time. Since anything worth less than a perutah cannot become consecrated, he can accumulate these small amounts and repay his debt.

Statementמֵימְרָא

הָכִי נָמֵי מִסְתַּבְּרָא; דְּאָמַר רַב: הַמַּקְדִּישׁ יְדֵי עַבְדּוֹ – אוֹתוֹ הָעֶבֶד עוֹשֶׂה וְאוֹכֵל, דְּאִי לָא עַבְדָּא מַאן פָּלַח לֵיהּ.

The Gemara comments: So too it is reasonable to explain that Rav's ruling refers to a case where the master provides sustenance; as Rav says: One who consecrates the hands of his slave, that slave works and eats from his earnings, for if he does not work for his own food, who will serve him and provide him with sustenance?

Explanationבֵּאוּר

אִי אָמְרַתְּ בִּשְׁלָמָא הָךְ בְּמַעֲלֶה וְאֵינוֹ יָכוֹל, וְהָא בְּשֶׁאֵינוֹ מַעֲלֶה, שַׁפִּיר.

Granted, if you say that this first halachah of Rav refers to a case where the master provides sustenance, and Rav holds that a master cannot say to his slave "work for me but I will not sustain you," and this second halachah refers to a case where he does not provide sustenance, and therefore the consecration of his hands is ineffective, then it is well, as there is no contradiction.

Objectionפִּירְכָא

אֶלָּא אִי אָמְרַתְּ הָךְ בְּשֶׁאֵינוֹ מַעֲלֶה, וְיָכוֹל, דְּאִי לָא עַבְדָּא מַאן פָּלַח לֵיהּ?! מַאן דְּבָעֵי נִיפְלְחֵיהּ!

But if you say that this first halachah also refers to a case where he does not provide sustenance, because a master is able to say "work for me but I will not sustain you," then what is the meaning of Rav's statement: "for if he does not work, who will serve him?" Let whoever wants to, serve him—meaning, let the slave go collect charity, and why should the master care?

Inferenceדִּיּוּק

אֶלָּא לָאו, שְׁמַע מִינַּהּ אֵינוֹ יָכוֹל!

Rather, is it not correct to conclude from this that a master cannot say to his slave "work for me but I will not sustain you"?

Resolutionיִשּׁוּב

שְׁמַע מִינַּהּ.

The Gemara confirms: Conclude from this that it is so.

Proofרְאָיָה

תָּא שְׁמַע, דְּאָמַר רַבִּי יוֹחָנָן: הַקּוֹטֵעַ יַד עַבְדּוֹ שֶׁל חֲבֵירוֹ – נוֹתֵן שִׁבְתּוֹ וּרְפוּאָתוֹ לְרַבּוֹ, וְאוֹתוֹ הָעֶבֶד נִיזּוֹן מִן הַצְּדָקָה.

Come and hear a proof from that which Rabbi Yochanan says: One who severs the hand of another's slave must pay the compensation for his loss of employment and his healing to his master, and that slave is sustained from charity.

Inferenceדִּיּוּק

שְׁמַע מִינַּהּ, יָכוֹל הָרַב לוֹמַר לָעֶבֶד: ״עֲשֵׂה עִמִּי וְאֵינִי זָנָךְ״!

Conclude from this that the master is able to say to the slave: "Work with me and I will not sustain you," since the master takes the compensation for his loss of work while the slave is left to live on charity!

Answerתֵּרוּץ

הָכָא בְּמַאי עָסְקִינַן – בְּמַעֲלֶה לוֹ מְזוֹנוֹת.

The Gemara answers: With what are we dealing here? We are dealing with a case where the master does provide him with sustenance.

Questionקוּשְׁיָא

אִי הָכִי, אַמַּאי נִיזּוֹן מִן הַצְּדָקָה?

The Gemara asks: If so, why is he sustained from charity if his master is already feeding him?

Answerתֵּרוּץ

לְהַעְדָּפָה.

The Gemara answers: This refers to surplus food that he desires beyond his basic needs.

Objectionפִּירְכָא

אִי הָכִי, ״נִיזּוֹן״?! ״מִתְפַּרְנֵס״ מִיבְּעֵי לֵיהּ!

The Gemara objects: If so, why does the Braisa use the term "sustained"? It should have used the term "he earns a living" or "he is supported"!

Inferenceדִּיּוּק

אֶלָּא לָאו, שְׁמַע מִינַּהּ יָכוֹל!

Rather, is it not correct to conclude from this that the master is able to say "work for me but I will not sustain you"?

Resolutionיִשּׁוּב

שְׁמַע מִינַּהּ.

The Gemara confirms: Conclude from this that it is so.

Statementמֵימְרָא

אֲמַר מָר: נוֹתֵן שִׁבְתּוֹ וּרְפוּאָתוֹ לְרַבּוֹ.

The Master said above: The injurer pays his loss of employment and his healing to his master.

Explanationבֵּאוּר

שִׁבְתּוֹ, פְּשִׁיטָא!

The Gemara analyzes this: Regarding his loss of employment, it is obvious that it goes to the master, since the slave's labor belongs to him!

Explanationבֵּאוּר

רְפוּאָתוֹ אִיצְטְרִיכָא לֵיהּ.

Rather, his healing was necessary to be stated.

Questionקוּשְׁיָא

רְפוּאָתוֹ דִּידֵיהּ הִיא, דְּבָעֵי אִיתַּסּוֹיֵי בֵּהּ!

The Gemara asks: But his healing belongs to him, the slave, as he needs to be cured with it!

Answerתֵּרוּץ

לָא צְרִיכָא, דְּאַמְדוּהּ לְחַמְשָׁא יוֹמֵי, וַעֲבַדוּ לֵיהּ סַמָּא חָרִיפָא וְאִתַּסִּי בִּתְלָתָא יוֹמֵי;

The Gemara answers: No, it is necessary only for a case where they estimated the healing would take five days, but they applied a strong medicine to him and he was cured in three days.

Explanationבֵּאוּר

מַהוּ דְּתֵימָא: צַעֲרָא – דִּידֵיהּ הוּא, קָא מַשְׁמַע לַן.

Lest you say: The pain of the harsh medicine was his, so the saved money of the remaining two days should belong to him; therefore, Rabbi Yochanan comes to teach us that even this money belongs to the master.

Braisaבְּרַיְתָא

תַּנְיָא: אָמַר רַבִּי אֶלְעָזָר, אָמַרְנוּ לוֹ לְמֵאִיר: וַהֲלֹא זְכוּת הוּא לָעֶבֶד שֶׁיּוֹצֵא מִתַּחַת יְדֵי רַבּוֹ לְחֵירוּת!

It is taught in a Braisa: Rabbi Elazar said, we said to Rabbi Meir: But is it not a benefit for the slave that he goes out from under his master's hand to freedom?

Braisaבְּרַיְתָא

אָמַר לָנוּ: חוֹב הוּא לוֹ – שֶׁאִם הָיָה עֶבֶד כֹּהֵן, פּוֹסְלוֹ מִן הַתְּרוּמָה.

He said to us: It is a disadvantage for him, for if he were the slave of a Kohen, freeing him disqualifies him from eating terumah.

Braisaבְּרַיְתָא

אָמַרְנוּ לוֹ: וַהֲלֹא מָה אִם יִרְצֶה שֶׁלֹּא לְזוּנוֹ וְשֶׁלֹּא לְפַרְנְסוֹ, רַשַּׁאי!

We said to him: But what if the master wishes not to sustain him and not to support him? He is permitted to do so! Thus, the slave has no guaranteed sustenance anyway.

Braisaבְּרַיְתָא

אָמַר לָנוּ: וּמָה אִילּוּ עֶבֶד כֹּהֵן שֶׁבָּרַח, וְאֵשֶׁת כֹּהֵן שֶׁמָּרְדָה עַל בַּעְלָהּ – הֲלֹא אוֹכְלִין בִּתְרוּמָה; וְזֶה – אֵינוֹ אוֹכֵל.

He said to us: What about a Kohen's slave who ran away, or a Kohen's wife who rebelled against her husband? Do they not still eat terumah? But this emancipated slave cannot eat terumah at all.

Braisaבְּרַיְתָא

אֲבָל אִשָּׁה – חוֹב הוּא לָהּ, שֶׁכֵּן פֹּסְלָהּ מִן הַתְּרוּמָה וּמַפְסִידָהּ מִן הַמְּזוֹנוֹת.

But regarding a woman, receiving a get is a disadvantage for her, because it disqualifies her from eating terumah and deprives her of her sustenance.

Questionקוּשְׁיָא

מַאי קָאָמְרוּ לֵיהּ, וּמַאי קָא מַהְדַּר לְהוּ?

The Gemara asks: What did they say to him, and what did he answer them? The dialogue seems inconsistent!

Explanationבֵּאוּר

הָכִי קָאָמַר לְהוּ: הֲשַׁבְתּוּנִי עַל הַמְּזוֹנוֹת, מַה תְּשִׁיבוּנִי עַל הַתְּרוּמָה?

The Gemara explains: This is what he said to them: You have answered me regarding sustenance, but what can you answer me regarding the terumah itself, which he loses the right to eat?

Explanationבֵּאוּר

וְכִי תֵּימְרוּ: אִי בָּעֵי, זָרֵיק לֵיהּ גִּיטָּא וּפָסֵיל לֵיהּ; שָׁבֵיק לֵיהּ וְעָרֵיק וְאָזֵיל לְעָלְמָא.

And if you say: If the master wants, he can throw him a bill of release and disqualify him anyway, so the slave is always at risk; in that case, the slave can leave him and run away to the world and still eat terumah as a runaway slave, whereas now he is permanently disqualified.

Summaryסִכּוּם

The Gemara concludes that according to Rav, a master cannot refuse to sustain his slave while demanding his labor, whereas Rabbi Yochanan holds that a master can indeed tell his slave to work without providing sustenance, leaving the slave to rely on charity. In cases of injury, the master receives the compensation for the slave's loss of livelihood and medical costs, even if the slave healed faster than expected through a strong medicine that caused him extra pain. This leads back to the fundamental debate between Rabbi Meir and the Rabbis, where Rabbi Meir argues that emancipation can be a disadvantage—such as disqualifying a Kohen's slave from eating terumah—while the Rabbis counter that since a master is not unconditionally bound to sustain his slave, gaining freedom is always a net benefit.

לְמַעֲשֶׂהWhat To Take Home

We see in our Gemara a beautiful, deep insight into how the Torah views the human being. When a slave's hands are consecrated to the Temple, the Gemara explains that he is still allowed to borrow money to buy extra food to strengthen himself. Why? Because the Temple treasury itself wants the slave to eat well so that he will be healthy and strong. Even when something is dedicated entirely to the service of Hashem, Hashem does not want us to break our bodies or neglect our physical well-being.

Sometimes, in our desire to grow in yiras Shamayim and perform mitzvos, we might think that the most spiritual path is to neglect our physical needs—to sleep less, eat poorly, or ignore our health. But the Torah teaches us the exact opposite. Your body is the vessel for your neshama. When you take care of your health, eat properly, and get enough rest, you are not being selfish; you are maintaining the vessel that performs Hashem's work. The Master of the world wants His servants to be strong and healthy so they can serve Him with joy and vitality.

Today, when you eat, sleep, or take a moment to rest, do not look at it as a distraction from your avodah. Have in mind that you are strengthening your body specifically so that you have the energy and clarity to learn Torah, daven, and do chesed with a whole heart.

מַסֶּכֶת GittinDaf 12b
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