בשלמא בעל תקינו ליה רבנן פירי דא"כ מימנע ולא פריק אלא אב מאי איכא למימר דמימנע ולא פריק בלאו הכי פריק לה ור' יוסי בר' יהודה סבר אב נמי מימנע ולא פריק סבר כיסא נקיטא עילוה תיזיל ותפרוק נפשה
question: what does rebbi yossi add in his last statement - it sounds that the argument is if the father is going to redeem her if she is captive, in other words it sounds as if rebbi yossi is coming to explain himself, so what is he saying.
i think the answer is as follows - all agree that the husband by default would not redeem his wife from captivity unless he has financial incentives, in addition all agree that the father by default would redeem his daughter even without incentives. What rebbi yossi is saying is that if the daughter has money and she doesn't give the father to eat the fruits, then the father feels he is cheated out from what he feels he is entitled too, and therefor will not redeem her and will say instead go get yourself out.
1 comment:
i think that you are making a very good point. the gemara is mashama that all agree that by a wife, when she had no money, he would let her rot in captivity, whereas a daughter all agree that he would redeem her if she has no money. The only situation where r' yossi claims we need to institute that the father gets peiros of her property is for a case where she actually has property that she does not share with him and that itself will create bad will so that he will change from the default assumption and not want to redeem her. Rashi in d.h. kisa, is very much mashma like this, v'dok.
Post a Comment