Money doesn’t grow on trees TB Kiddushin 17

When the court sells a person as an indentured servant as restitution for his crime, the Torah requires the master to give him severance pay at the end of the six years of servitude. “If a fellow Hebrew man—or woman—is sold to you, he shall serve you six years, and in the seventh year you shall set him free. When you set him free, do not let him go empty-handed: Furnish him out of the flock, threshing floor, and vat, with which your God יהוה has blessed you.” (Deuteronomy 15:12-14)

Today’s daf TB Kiddushin 17 discusses what is the minimum amount of severance pay the master must provide. “The Sages taught: How much does one grant a freed slave as a severance gift? It is five sela in value of each and every type mentioned in this verse: “And you shall grant severance to him out of your flock, and out of your threshing floor, and out of your winepress” (Deuteronomy 15:14), which is a total of fifteen sela. This is the statement of Rabbi Meir. Rabbi Yehuda says: He is given thirty sela in total, like the thirty shekels of the fine that is paid for a slave (when an ox gores another person’s Canaanite slave-gg, see Exodus 21:32). Rabbi Shimon says: The master gives him fifty shekels, like the sum of valuations, in which fifty shekels is the largest designated amount for a man (when a person wishes to donates his value to the Temple -gg, see Leviticus 27:3).” (Sefaria.org translation)

The logic behind Rabbi Mei’s severance pay requirement makes a lot of sense because it explains why the verse adds the three qualifiers “out of the flock, threshing floor, and vat” to the command “do not let him go empty-handed.” The Gemara then explains how Rabbi Yehuda and Rabbi Shimon explain this seemingly extraneous qualifiers.

“The Gemara answers: These terms are necessary for that which is taught in a baraita: One might have thought that one grants severance gifts only from the flock, the threshing floor, and the winepress; from where is it derived to include every matter? The verse states: “Of that with which the Lord your God has blessed you” (Deuteronomy 15:14). If so, what is the meaning when the verse states “flock,” “threshing floor,” and “winepress”? This serves to tell you that just as a flock, a threshing floor, and a winepress are unique in that they are included in the category of blessing, i.e., they grow and multiply, so too all items that are included in the category of blessing may be given as a severance gift. This excludes money, which does not increase on its own. This is the statement of Rabbi Shimon. Rabbi Eliezer ben Ya’akov says: This excludes mules, which cannot reproduce.”

The common denominator of “out of the flock, threshing floor, and vat” is all three things biologically grow. According to Rabbi Shimon these examples exclude money as part of the severance package because as we all know money doesn’t grow on trees. According to Rabbi Eliezer ben Ya’akov these examples exclude mules who by themselves can’t reproduce (they are the offspring of the horse and donkey mating). The Gemara provides the reason why each rabbi rejects the others exclusion. “The Gemara asks: And Rabbi Shimon, why does he exclude money but not mules? The Gemara answers: With regard to mules, their bodies grow and enhance. Although they do not reproduce, they still grow. And Rabbi Eliezer ben Ya’akov, why doesn’t he exclude money? He maintains that one can conduct business with money and thereby profit from it. In this manner money can increase.” (Sefaria.org translation)

Interesting, Rashi only provides Rabbi Eliezer ben Ya’akov’s position in his commentary on this verse in the Humash.“They have the characteristic that they come under the term of “blessing”, (i.e. they possess the power of propagating) so, too, you are obliged to furnish him only with such things that come under the term “blessing”, thus excluding mules, (because they are sterile) (Sifrei Devarim 119:3; Kiddushin 17a).” (Sefaria.org translation)

Rambam rules according to Rabbi Shimon. “Give him a generous severance gift from your sheep, your threshing floor and your vat as God has blessed you." By mentioning sheep, a threshing floor and a vat, the verse indicates that the servant must be given objects that will naturally increase and generate blessing as a severance gift. He need not, however, be given money or garments.” (Mishneh Torah, Sefer Kinyan, Laws of Slaves, 3:14, Sefaria.org translation) Rambam also sets the minimum severance gift to be 30 sela for the halakha always follows Rabbi Yehuda in a disagreement with Rabbi Meir and Rabbi Shimon. (Ibid, see the Kesef Mishneh)