לקרובים.
to relatives, e.g., his father, despite the fact that sex between them is prohibited.
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לקרובים.
to relatives, e.g., his father, despite the fact that sex between them is prohibited.
והלא דין הוא: אם מוכרה לפסולין, לא ימכרנה לקרובים? מה למוכרה לפסולין, שאם רצה לייעד – מייעד, ימכרנה לקרובים, שאם רצה לייעד – אינו מייעד? אמר קרא ״לאמה״ – מלמד שמוכרה לקרובים.
The baraita asks: Why is it necessary to derive that halakha from the verse? But could this not be derived through logical inference: If he can sell her to people of flawed lineage, can he not sell her to relatives? The baraita answers: The verse is necessary, as what is unique about selling her to people of flawed lineage is that if that master wants to designate her, he can designate her. Although it is prohibited for these people to marry her, nevertheless the betrothal would take effect. Therefore, one cannot learn from this that he can also sell her to relatives. This is a situation where if this master wants to designate her, he cannot designate her, as betrothal is ineffective. Therefore, the verse states “as a female slave,” which teaches that he can sell her to relatives.
ורבי מאיר? לפסולין, נפקא ליה מהיכא דנפקא ליה לרבי אליעזר. בקרובים, סבר לה כרבנן דאמרי אין מוכרה לקרובים.
The Talmud asks: And as for R' Meir, who derived from the term “as a female slave” that one can stipulate that she cannot be designated, how does he know that one can sell her as a female slave to people of unflawed lineage or relatives? The Talmud answers: He derives that she can be sold to people of flawed lineage from the verse where R' Eliezer derives it: “If she does not please her master” (Exodus 21:8). With regard to relatives, he holds in accordance with the opinion of the Rabbis, who say that he cannot sell her to relatives.
Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.