Monday 4 January 2016

Gittin 23: Not of the Covenant; Treatment of Slaves

Like in many circumstances, the rabbis question whether or not a cheresh, 'deaf mute', a soteh, 'imbecile', or a katan, minor, can write a get while supervised by an adult.  This is deemed to be reasonable.  However, a Gentile cannot write a get even while supervised by an adult Jew.  The rabbis reason that this is because a Gentile acts on his own will and not necessarily on the husband's or the wife's request/interests.  

We are introduced to another new Mishna.  It states that any person is fit to bring a get to  a wife except for a cheresh, a soteh, or a katan; a blind person, or a Gentile.  It then clarifies that statement.  Even if the agent changes status over the course of the delivery - for example, if the minor came of age or if the blind person regained his vision - he is still not permitted to deliver the get.  A note tells us that if the agent was first halachically fit, undertook the delivery, became unfit, and then regained halachic fitness before giving the get to the wife, they are permitted to act as agents.

A blind man is not fit to act as a witness because he cannot attest to the writing nor the signing of the get.  He is able to identify people and even intentions through their voices, however.  The expression for this is teivut einah dekala, through voice recognition.

What about a slave?  One opinion is that a slave cannot act in the name of the husband because one can only act on events that s/he could participate in him/herself.  We end the daf with very disturbing details about the rights of slaves.  We learn that a slave is permitted to do a number of things as long as s/he is a member of the covenant (which beg the question: are women included in the covenant, as we do not undergo circumcision?).  But slaves cannot be freed if they are called "half free"; women cannot rely on the word of her owner if that owner says that her fetus will be free.  That statement is not halachically binding.  The fetus is like its mother's thigh, and it is as if the owner gave her thigh back to her when the rest of her belongs to the owner. 

It is painfully difficult to imagine a time where slavery is the norm; where people were bought and sold knowingly.  And when the system allowed for fluidity between slavery and freedom, I am wondering whether or not slaves would be treated respectfully.  

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