How a Maidservant Is Redeemed or Made a Wife

Yalkut Shimoni on Torah 320:5

"Then he shall let her be redeemed": this teaches that she goes free by deducting from her redemption price. "Whom he has not designated, he shall let her be redeemed": he may not sell her to relatives. Rabbi Eliezer says: he may sell her to relatives. And they agree that he may not sell a widow to a high priest, or a divorcee or one released from levirate marriage to an ordinary priest [since he could not designate her to them]. Rabbi Yannai said: designation applies only to an adult, for designation requires consent, and the son is like the father: just as the father is an adult, so too his son must be an adult. And if you ask, what consent? Her consent, for Avimi taught: "whom he has not designated" teaches that he must designate her [with her knowledge]. Our rabbis taught: how is the commandment of designation performed? He says to her before two witnesses, "Behold you are designated to me, behold you are betrothed to me, behold you are espoused to me," even at the end of six years, even close to sunset, and he conducts himself with her in the manner of marriage and not in the manner of servitude. Rabbi Yose bar Rabbi Yehuda says: if there is enough time left in the day to do work worth a perutah for him, she is betrothed, and if not, she is not betrothed, as it is written "he shall let her be redeemed," that there be enough time in the day for redemption. And Rabbi Yose bar Rabbi Yehuda holds that the first money of her purchase was not given for the sake of betrothal, and when he designates her, he designates her by means of the servitude he has over her, and her betrothal is not through the father, yet it is a decree of Scripture that it be a valid betrothal. It was taught: a man may sell his daughter for marriage and again, for servitude and again, for marriage after servitude, but not for servitude after marriage. And Rabbi Shimon says: just as a man may not sell his daughter into servitude after marriage, so too he may not sell his daughter into servitude after servitude. This stands in the dispute of these Tannaim, as it was taught: "in his dealing treacherously with her" once he has spread his cloak over her, he may no longer sell her, the words of Rabbi Eliezer; Rabbi Akiva says: once he has betrayed her he may no longer sell her. Rabbi Eliezer holds the vowel-reading is authoritative; Rabbi Akiva holds the written tradition is authoritative; and Rabbi Shimon holds both the vowel-reading and the written tradition are authoritative.

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