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What is the halachic status of an eved between the time of shichrur and tevilah? According to most Rishonim, an eved is already Jewish and only needs to remove the din of avdus. The Rambam (רמב"ם), however, maintains that he becomes a ger who requires tevilah to become fully Jewish.
The shiur explores a fundamental machlokes about the status of an eved (Jewish slave) who has been freed but has not yet done tevilah. The discussion begins by examining several difficult questions (kashas) raised by Tosafos (תוספות) on Rashi (רש"י)'s explanation in Kesubos. The first kasha concerns whether an eved is considered "hefker and nechalah" (available and accessible). According to Rabbi Meir, it's a chovah (obligation), while according to the Chachamim it's chos (forbidden) for an eved. Rashi explains that an eved is subject to improper behavior because of "zeh lo shaleiach" - the shifchos (female slaves) are readily available to him, creating tremendous temptation. However, this explanation is problematic when applied to a goy, as a goy doesn't have the same level of availability to shifchos that an eved does.
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Kesubos 12
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When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.
