[Avodah] Freeing a Slave

[Zev Sero]

On 2/08/2011 9:15 AM, Micha Berger wrote:
> On Tue, Aug 02, 2011 at 12:55:10AM -0400, Zev Sero wrote:
>>> Because we don't make exceptions to the rule to enable things we don't
>>> want done.
>
>> What exception?!  Where do you see an  exception?!
>
> That's the whole point of the answer. We can't ask a question from an
> eved to chameitz bepesach, because the case of shikhrur eved is a special
> qulah.

Where do you get that?  All he says is that freeing a slave is easier
than transferring property; he doesn't say anything about a leniency.


> And the gemara notes that in fact the collateral holder doesn't
> have enough baalus to sell the eved, which is the norm we can compare
> to the lack of baalus over the chameitz.

Right.  Freeing a slave is not a transfer of property; it's an entirely
different kind of act, so there's no reason to expect it to follow the
same rules.  Its only connection with property is that the power to do
it comes together with baalus, and Rav says that this doesn't davka
mean the full baalus that allows one to sell the slave, or that makes
one responsible for chametz, but rather any sort of baalus at all.
That's not a kulah, it's just a din in shichrur (according to Rav).



>the Qorban haEdah (d"h "qal hu beshikhrur") "hiqhilu chakhamim
> beshikhrur, daa"p delo shelo hu legamrei..." And the Penei Moshe
> (same d"h), "... shani beshikhrur" -- note, "shani", an exception --
> "shehiqilu bo ..."

Im kabalah hi nekabel, but it's not in the words.  And it's certainly
not enough to create a machlokes between Bavli and Yerushalmi over
whether something is a mitzvah or an avera!

-- 
Zev Sero        If they use these guns against us once, at that moment
zev at sero.name   the Oslo Accord will be annulled and the IDF will
                 return to all the places that have been given to them.
		                            - Yitzchak Rabin