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## III A. Shurat hadin in Mishna The term shurat hadin appears only once in the corpus of the Mishna. "If a man makes his slave security (hypoteca) for his debt to another man and he emancipates him, according to the shurat hadin the slave is not liable for anything, but to prevent abuses his master is compelled to emancipate him, and he gives a bond for his purchase price. Rabban Simeon b. Gamaliel says that he does not give a bond but he emancipates him."73 T he problem posed in this Mishna is premised on the existence of the Tinstitution of hypothecary obligation, of which the specific security (the PWTYQY) is one sort. Whether this form of security is Biblical in its origin or not,74 the essence of its function is to permit the creditor to collect his debts even from land which his debtor has sold or otherwise alienated since the creation of the debt and the security.75 It would follow from this, that the emancipation of a slave, which constitutes no more than the transfer of ownership into the slave's own hands,76 should have no effect whatsoever on the status of the security interest which belongs to the creditor of the slave's prior owner.77 Thus, the consequence of followin

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Author

Saul J. Berman

Publisher

Journal of Jewish Studies

Published

1977

Field

Arts and Humanities (Social Sciences)