Talmud - Kiddushin 69a קידושין ס״ט א׳

With regard to one who says to his pregnant Canaanite maidservant: You are hereby a free woman but your offspring shall remain a slave, the offspring is emancipated like her. This is the statement of Rabbi Yosei HaGelili. And the Rabbis say: The master’s statement is upheld, because it is stated: “The wife and her children shall be her master’s” (Exodus 21:4).

The Gemara expresses surprise at this ruling: What is the biblical derivation here? How do the Rabbis learn from here that the child of an emancipated maidservant remains a slave in this case? Rava said: The proof from the verse beginning with: “The wife and her children,” is not the source of the opinion of the Rabbis. Rather, this is referring to the statement of Rabbi Yosei HaGelili, who claims that the children follow their mother, as indicated by this verse. Consequently, if she is emancipated, her offspring do not retain the status of slaves.

MISHNA: Rabbi Tarfon says: Mamzerim can be purified, so that their offspring will not be mamzerim. How so? With regard to a mamzer who married a Canaanite maidservant, their offspring is a slave. If his master subsequently emancipates him, that son is found to be a freeman, rather than a mamzer. Rabbi Eliezer says: This method is not effective, as this son is a mamzer slave.

GEMARA: A dilemma was raised before the Sages: Did Rabbi Tarfon state his halakha ab initio, i.e., a mamzer is permitted to marry a maidservant, or did he state it only after the fact, but he does not permit a mamzer to marry a maidservant ab initio? The Gemara answers: Come and hear proof from a baraita: The other Sages said to Rabbi Tarfon: You have thereby purified the male offspring of a mamzer, but you have not purified the female children of mamzerim, as your solution does not apply to them.

The Gemara explains the apparent proof from this baraita. And if you say that Rabbi Tarfon stated his halakha ab initio and permitted a mamzer to marry a Canaanite maidservant, a mamzeret should also be allowed to marry a Canaanite slave and her child can then be emancipated as well. The Gemara answers: A slave has no lineage. Even if she were to marry a slave, their child would not be considered his, but would be a Jewish mamzer like her. Consequently, this source provides no proof with regard to the Gemara’s question.

The Gemara further suggests: Come and hear, as Rabbi Simlai’s host was a mamzer, and Rabbi Simlai said to him: Had I found out about your status earlier, before you married and had children, I would have purified your sons by advising you to marry a Canaanite maidservant, as suggested by Rabbi Tarfon. The Gemara explains the proof: Granted, if you say that Rabbi Tarfon spoke ab initio, it is well that Rabbi Simlai would suggest this. But if you say that he meant only that this method is effective after the fact, what was the advice that Rabbi Simlai would have given his host?

The Gemara answers that Rabbi Simlai would have advised him by saying: Go steal, and be sold as a Hebrew slave, which would mean you could marry a Canaanite maidservant and your offspring would be slaves. The Gemara asks: But in the days of Rabbi Simlai, was the halakha of a Hebrew slave observed in practice? But didn’t the Master say: The halakha of a Hebrew slave is practiced only when the Jubilee Year is practiced, and Rabbi Simlai lived many years after the observance of the Jubilee Year ceased. Rather, isn’t it correct to conclude from it that Rabbi Tarfon spoke ab initio, i.e., it is permitted for a mamzer to marry a Canaanite maidservant? The Gemara affirms: Indeed, conclude from the baraita that this is the case. Rav Yehuda says that Shmuel says: The halakha is in accordance with the opinion of Rabbi Tarfon.

§ The mishna teaches that Rabbi Eliezer says: This son is a mamzer slave. Rabbi Elazar said: What is the reason of Rabbi Eliezer? As the verse states with regard to a mamzer: “Even to the tenth generation none of his shall enter the assembly of the Lord” (Deuteronomy 23:3), which indicates that in the case of the child of a mamzer and a Canaanite maidservant, one follows his parent with the flawed lineage, and the child is a mamzer.

The Gemara asks: And how do the Rabbis, i.e., Rabbi Tarfon, respond to this claim? Rabbi Tarfon maintains that this verse is referring to a Jew of unflawed lineage who married a mamzeret. It might enter your mind to say that as it is written: “By their families, by their fathers’ houses” (Numbers 4:2), the child should follow his father’s lineage rather than that of his mother. Therefore, the term “of his” in the previously cited verse comes to exclude him from his father’s lineage, as it indicates that his lineage follows his mother when she is a mamzeret.

And how does Rabbi Eliezer respond to this claim? Is it not the case that even though the Torah wrote: “By their families, by their fathers’ houses,” nevertheless, the term “of his” comes and excludes him? Here too, although it is written: “The wife and her children shall be her master’s” (Exodus 21:4), from which it is derived that the child of a Canaanite maidservant is like her, nevertheless the term “of his” comes and excludes him. And how do the Rabbis, Rabbi Tarfon, respond to this claim? They say: Any offspring in the womb of a Canaanite maidservant is considered like the offspring in an animal’s womb. Consequently, her children do not inherit the father’s status, even if his is the flawed lineage.

May we return to you, chapter “the one who says”

MISHNA: There were ten categories of lineage, with varying restrictions on marriage, among the Jews who ascended from Babylonia to Eretz Yisrael with Ezra before the building of the Second Temple. They are as follows: Priests; Levites; Israelites; priests disqualified due to flawed lineage [ḥalalim]; converts, and emancipated slaves; mamzerim; Gibeonites, i.e., the descendants of the Gibeonites who converted in the time of Joshua; children of unknown paternity [shetuki]; and foundlings.

The mishna proceeds to detail their halakhot: With regard to priests, Levites, and Israelites, it is permitted for men and women in these categories to marry one another. With regard to Levites who are not priests, Israelites, ḥalalim, converts, and emancipated slaves, it is permitted for men and women in these categories to marry one another.

With regard to converts, and emancipated slaves, mamzerim, and Gibeonites, children of unknown paternity [shetuki], and foundlings, it is permitted for all of the men and women in these categories to marry one another. And these are the last two categories: A shetuki is any person who knows the identity of his mother but does not know the identity of his father. A foundling is anyone who was collected from the marketplace and doesn’t know the identity of his parents, neither that of his father nor that of his mother. These two categories are people whose status is uncertain; they may be mamzerim. Abba Shaul would call a shetuki by the label of beduki.

GEMARA: The mishna teaches: There were ten categories of lineage among the Jews who ascended from Babylonia. The Gemara asks: Why does the tanna specifically teach the phrase: Ascended from Babylonia? Why was it important for the tanna to specify their place of origin? Let him teach that they went to Eretz Yisrael. The Gemara answers: He teaches us a matter in passing, as it is taught in a baraita: The verse states: “And you shall arise and go up to the place that the Lord, your God, shall choose” (Deuteronomy 17:8). This teaches that the Temple is higher than all of Eretz Yisrael, which is why the verse speaks of ascending from the cities of Eretz Yisrael to the Temple. And it teaches that Eretz Yisrael is higher than all of the lands.

The Gemara asks: Granted, the Temple is higher than all of Eretz Yisrael. This is derived from that which is written:

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Kidushin 69a explores whether emancipating a maidservant frees her unborn child, then examines Rabbi Tarfon's method for purifying mamzer offspring through servitude.