When speaking of Kinyan Haguf of a slave we are use to associating it with Kinyan Issur, in this sugya, however, we see this is not so. The Gemara will say that if one acquires a slave from a goy he doesn't aquire a kinyan haguf, BUT if a Goy sells himself then the owner gets a kinyan Guf in him even before he goes to mikveh.
I found the Minchas Chinuch says (347:2) that the Halachic Nafka Mina is for that apply to "his hand is the maters hand"... needs thought... See also Kesef Mishne Avadim 9:4 for this type for concept that a goy can have a kinyan guf in a slave in some cases.
2 comments:
Pshat is poshut. When a goy sells himself to you, he is becoming an eved knani for all dinim. However, when he sells you an eved that he owns, it is only whatever he owns that can be sold, מה מכר ראשון לשני כל זכות שיש לו, and since a goy cannot be קונה קנין הגוף בנכרי, therefore the yid doesn't get more than he had. But that is poshut that a goy doesn't have קנין הגוף in an עבד, and that the קנין הגוף doesn't need the קנין איסור. Tosfos in קדושין says that even an עבד עברי who has no קנין איסור still has the right for marriage to a שפחה כנענית even though there is no קנין איסור.
Replies to aaronnechama@gmail.com
Reb Aaron (p?), It's great to hear from you, regards to JD
As for your comment, by Eved Ivri I thought it is called a Kinyan Issur of sorts no?
Regarding a goy not having Kinyan Gof, just for interest see that ramabm and kesef mishne that sometimes they do,
What i found a chidush in this Sugya is that kinyan guf is a monetary type for thing and not directly related to the Kinyan Issur, until now i thought that the kinyan guf is a chidush that only comes with the kinyan issur.
Let me pose it as a question: why can't a jew buy a kinyan gof in another jew? if it is a monetary thing not related to issur, why can't one jew sell his rights to his guf???
give me your thoughts.
Post a Comment