- Can one force his slave to work without feeding him?
In the Mishnah on Daf 12b, the Chachomim argued that freedom is only a benefit for a slave, and it is not considered a loss of support, because the master is not required to feed him. The Gemara says: שמעת מינה יכול הרב לומר לעבד עשה עמי ואיני זנך – Learn from this that a master can tell his slave, “Work for me but I will not feed you (rather, he will have to ask residents for food). This proof is deflected, because the Mishnah can be speaking where the master said: צא מעשה ידיך למזונותיך – “Let your earnings be for your food,” and only then is he exempt from feeding him. The Gemara wonders why the same would not apply to one’s wife (whose divorce is considered detrimental due to lost support), and answers that the Mishnah’s case is בדלא ספקה – she does not produce enough for her needs, and the husband must pay the difference. A slave, however, who consumes more than he produces does not require the master to pay for the difference.
- הקוטע יד עבדו של חבירו
After proving that Rav holds one cannot require his slave to work without feeding him, the Gemara proves that Rebbe Yochanan holds that he can. Rebbe Yochanan said: הקוטע יד עבדו של חבירו – One who cuts off the hand of his friend’s slave, נותן שבתו ורפואתו לרבו – gives compensation for his lost work (during his recovery) and healing expenses to his master (these are two of the payments made whenever one injures another person), ואותו העבד ניזון מן הצדקה – and that slave is fed from charity. Even though the master is being compensated for the slave’s lost work, he is not required to feed him. This proves that Rebbe Yochanan holds one can require his slave to work without feeding him. The Gemara wonders why the medical expenses are paid to the master, since they are needed to heal the slave. It answers that the case was where the slave was estimated to require five days of treatment and was given powerful medication that healed him in three days (at a lower cost), but with greater suffering. Rebbe Yochanan taught that even compensation for such suffering is awarded to the master, not the slave.
- Rebbe Meir’s argument that freeing a slave causes him a loss of terumah
In the Mishnah, Rebbe Meir said that freedom includes a disadvantage for the slave, because a Kohen’s slave can eat terumah until he is freed. In a Baraisa, when the Chachomim answered that the master does not have to feed him at all, Rebbe Meir responded: ומה אילו עבד כהן שברח ואשת כהן שמרדה על בעלה – But what would be if a Kohen’s slave ran away, or a Kohen’s wife rebelled and fled, הלא אוכלין בתרומה – are they not able to eat terumah? They are! וזה אינו אוכל – But this slave cannot eat [terumah] if he is freed through someone’s acquiring the גט שחרור for him, so it is detrimental to him! The Gemara explains: Although the master need not feed him, the slave is permitted to eat any terumah he receives, which is easier to obtain. Although the master could theoretically throw a גט שחרור to the slave, forcing his freedom (and loss of terumah), but he can flee and avoid the get, and continue to eat terumah, so his freedom does cause a loss. The next Daf explains the disadvantage of freedom for a Yisroel’s slave according to Rebbe Meir.
