I wanted to bring a subject for the sake of background information. It is about marriage and slavery. Allan Bloom's introduction to Kojeve's lectures on Hegel. Plus the incident of a virus spread in Soth America in Bolivia as a result of a civil war when they got rid of the land owners and divided the land equally. The peasants offered the land owners to sell back to them their land and sheep and cows. The landowners said, "We will not buy back what belonged to us," and left to start life elsewhere. The peasants cleared the jungle to make way for planting corn and upset the ecology in the area, and the rats came to settle in their village. So not just because society in organized in a way with some people on top does not mean they are exploiting. Every army knows letting the troops fight-the way they want is a disaster and recipe for defeat.
So in short for right now let me just bring the Gemara in Kidushin page 3. The Mishna says, "A woman is acquired in three ways: money, a document, or sex." The Gemara says this is to exclude exchange, because you might have thought just like a field is acquired by exchange so a woman. So we learn not so because exchange exists even less than a penny and a woman does not allow herself to be bought for less than a penny. The Tosphot Rid asks " If the handkerchief [for the exchange] is in fact worth more than a penny, she is bought."
The issue here is this. If you have ever sat at a marriage ceremony, you have seen this acquisition made by a handkerchief. And maybe you wondered "What kind of acquisition it is?" It is not exactly a gift on condition to give back--but like it in some ways.
The answer is based on a verse in Ruth where a person takes off his shoe and gives it to another to seal a deal. It is a kind of mode of acquisition in which at that point the acquisition is made, It is in modern terms like signing a document.
So just to wrap this up for now I want to bring an idea of Rav Shach that will help to resolve these issues. It is that there are two kinds of קניין סודר ("kinyan sudar") exchange by handkerchief. One is where the act of exchange of the handkerchief [or any kind of vessel] finishes a deal--as a kind of way of making an acquisition as you see at marriages. Another kind is the normal act of exchange-barter. This for that.
I would like to go into this more but just quickly I want to add that the relation to slavery is that one can not let go of a slave by this means exchange by handkerchief. It is to be by one of the three ways a slave is let go. Money, document or by injury to one of his external limbs. And the issue itself I just want to mention that slavery is not all that different from having to get up every day and go to school and then go to work. There are lots of things you are forced to do and if you do not then force is used against you. Slavery is different in degree, not in kind. So why is it thought to be wrong? Where is the dividing line? A master does not own him? Do you own yourself? Can you do anything you want to yourself? No. Can you do anything you want? No. Everyone has his place and his job in society. Or you could live in the wilderness with no knife produced by society--- and see how you manage.
[The fact is that Hegel's politics does not seem so great. On the other hand "back to Kant" does not seem so great either. Nor "Analytic" vacuous philosophy of the Anglo Saxon world of the 20th century nor Continental philosophy. Some synthesis of Hegel, Kant, Leonard Nelson seem to me the most promising. A "back to Plato" or "back to Kant" seems a bit difficult. Hegel does seem to hold a lot of promise. But lacking clarity about these issues what I would like to do would be to get through the three critiques of Kant, the four books published by Hegel and the writings of Leonard Nelson before I could draw a conclusion or see a direction forward.]
At any rate, I just wanted to say the basic point of Rav Shach [but not in his words]. Th Gemara is pretty clear that קניין חליפין [exchange by barter] does not apply to acquiring a wife. So to explain the Tospfot Rid is the question. The Tospfot Rid says if the handkerchief is worth more than a "pruta" penny then she is acquired. This is in spite of the fact that usually this acquisition by a handkerchief which is handed back is a kind of acquisition by barter not by money. So to explain this Rav Shach has to go into a long explanation.
So in short for right now let me just bring the Gemara in Kidushin page 3. The Mishna says, "A woman is acquired in three ways: money, a document, or sex." The Gemara says this is to exclude exchange, because you might have thought just like a field is acquired by exchange so a woman. So we learn not so because exchange exists even less than a penny and a woman does not allow herself to be bought for less than a penny. The Tosphot Rid asks " If the handkerchief [for the exchange] is in fact worth more than a penny, she is bought."
The issue here is this. If you have ever sat at a marriage ceremony, you have seen this acquisition made by a handkerchief. And maybe you wondered "What kind of acquisition it is?" It is not exactly a gift on condition to give back--but like it in some ways.
The answer is based on a verse in Ruth where a person takes off his shoe and gives it to another to seal a deal. It is a kind of mode of acquisition in which at that point the acquisition is made, It is in modern terms like signing a document.
So just to wrap this up for now I want to bring an idea of Rav Shach that will help to resolve these issues. It is that there are two kinds of קניין סודר ("kinyan sudar") exchange by handkerchief. One is where the act of exchange of the handkerchief [or any kind of vessel] finishes a deal--as a kind of way of making an acquisition as you see at marriages. Another kind is the normal act of exchange-barter. This for that.
I would like to go into this more but just quickly I want to add that the relation to slavery is that one can not let go of a slave by this means exchange by handkerchief. It is to be by one of the three ways a slave is let go. Money, document or by injury to one of his external limbs. And the issue itself I just want to mention that slavery is not all that different from having to get up every day and go to school and then go to work. There are lots of things you are forced to do and if you do not then force is used against you. Slavery is different in degree, not in kind. So why is it thought to be wrong? Where is the dividing line? A master does not own him? Do you own yourself? Can you do anything you want to yourself? No. Can you do anything you want? No. Everyone has his place and his job in society. Or you could live in the wilderness with no knife produced by society--- and see how you manage.
[The fact is that Hegel's politics does not seem so great. On the other hand "back to Kant" does not seem so great either. Nor "Analytic" vacuous philosophy of the Anglo Saxon world of the 20th century nor Continental philosophy. Some synthesis of Hegel, Kant, Leonard Nelson seem to me the most promising. A "back to Plato" or "back to Kant" seems a bit difficult. Hegel does seem to hold a lot of promise. But lacking clarity about these issues what I would like to do would be to get through the three critiques of Kant, the four books published by Hegel and the writings of Leonard Nelson before I could draw a conclusion or see a direction forward.]
At any rate, I just wanted to say the basic point of Rav Shach [but not in his words]. Th Gemara is pretty clear that קניין חליפין [exchange by barter] does not apply to acquiring a wife. So to explain the Tospfot Rid is the question. The Tospfot Rid says if the handkerchief is worth more than a "pruta" penny then she is acquired. This is in spite of the fact that usually this acquisition by a handkerchief which is handed back is a kind of acquisition by barter not by money. So to explain this Rav Shach has to go into a long explanation.
