Acquiring the Hebrew Maidservant by Document

The Hebrew maidservant is acquired by document. Whence do we know this? The verse says, "if he takes another" (Exodus 21:10); Scripture likened her to the "other" [wife]: as the other is acquired by document, so the Hebrew maidservant is acquired by document. And Rav Chisda said: "she shall not go out as the menservants go out" (Exodus 21:7), but she is acquired as servants are acquired, and what is that? A document. But not by possession [chazakah], for the verse says, "and you shall take them as a possession" (Leviticus 25:46), them by possession and not another by possession. And what did you see [to prefer document over possession]? It stands to reason that document was the more fitting to amplify, since it removes [a wife] in marriage among the daughters of Israel. And Rav Huna: "she shall not go out as the menservants go out" means she does not go out by limb-tips like a slave. And Rav Chisda: if so, let the verse write "she shall not go out as slaves"; what is "as the going-out of"? Learn from it two things. Our Rabbis taught: one who sells his daughter and stipulated with the buyer on the condition that he not designate her [as a wife], the conditions stand, the words of Rabbi Meir. And the Sages say: if he wishes to designate her, he may designate her, because he stipulated against what is written in the Torah, and whoever stipulates against what is written in the Torah, his stipulation is void. And Rabbi Meir, even though he holds that one's stipulation is void in the case of one who says to a woman, "you are betrothed to me on condition that you have no claim of food, clothing, and conjugal rights upon me," here it is different, for the verse says "as a maidservant," meaning that sometimes he sells her only as a maidservant alone. And the Rabbis need that phrase for what was taught: "as a maidservant" teaches that he may sell her to unfit men. Rabbi Eliezer says: if it is to teach that he may sell her to unfit men, it already says "if she is displeasing in the eyes of her master" (Exodus 21:8), that she is displeasing in marriage to him; rather, what does "as a maidservant" teach? That he may sell her to relatives. One [baraita] taught: he may sell her to his father, but he may not sell her to his son. And another taught: he may sell her neither to his father nor to his son. Granted that "neither to his father nor to his son" accords with the Rabbis; but "to his father and not to his son," according to whom? It is neither the Rabbis nor Rabbi Eliezer. In truth it is the Rabbis; the Rabbis concede where there is an aspect of designation possible.