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Regarding Hermione freeing the elves, it seems that there were really two seperate issues raised: 1) How does Hermione have the authority to free them? 2) Via what mechanism would they have been freed? To answer the first question, I had said earlier that everyone in Hogwarts has a chelek in the elves. The obvious problem with this answer is that then Hermione would only be able to free her chelek which would seem to be pointless. But upon further contemplation, it would seem that when Hermione frees her chelek, the elf becomes a ??? ??? ??? ?? ????? in which case we would ???? ????? ????? ????? ?? ??? ????? ???? ?? ?????. So Hermione would basically be forcing everyone else to give up their parts as well.
Regarding the second issue, this would seem to be similar to ??? ????? ??? ??? ???? which is ?? ??? ???? because the Torah says ????. So by an elf an actual nesinah should not be necessary as long as the elf acquires the clothes and the owner had intent. Aaaiii, Lucius Malfoy did not have intent to free Dobby. So efshar we could say that you don’t need intent to free, you just need intent to give.