Torah Community Connections

Week 88 - Thursday - 2 August 2001

KIDDUSHIN: CHAPTER 1: MISHNAH 2

A Hebrew servant is acquired with money or with a document, and acquires himself with years, with the Jubilee year, or through a monetary deduction. The Hebrew maidservant has an advantage over him, for she acquires herself with signs. One who is pierced is acquired through the act of piercing, and he acquires himself with the Jubilee year, or through the death of his master.

Kehati

The Torah mentions three situations in which a Jew may be sold as a slave: 1) one who sells himself to another Jew out of poverty, as it is written, "If your brother becomes impoverished and is sold to you..." (Lev. 25:39); 2) one who sells himself to a non-Jew out of poverty, as it is written, "If a stranger who is a settler with you becomes rich, and your brother becomes impoverished beside him, and sells himself unto the stranger who is a settler with you (ibid. 47); 3) one who is sold by the court because he stole and was unable to pay for the stolen article, as it is written, "If he does not have the means, he shall be sold for his theft" (Ex. 22:2). It is of this latter that the verse says, "If you buy a Hebrew servant, he shall serve for six years" (Ex. 21:2), and "If your brother, a Hebrew man or Hebrew woman, be sold to you, he shall serve you six years" (Deut. 15:12). The Hebrew maidservant referred to in this verse is a minor who was sold by her father (see Ex. 21:7ff.). A woman is never sold for theft.

"What are the differences between a servant sold by the Court and one who sells himself into servitude? The ear of one selling himself is not pierced (see Ex. 21:6), that of one sold by the Court is. The master may not give one who sells himself a Canaanite maidservant (ibid, 4), but he may do so in the case of the servant sold by the Court. One who sells himself may even sell himself to a non-Jew, while a servant who is sold by the Court may only be sold to a Jew, as it is written,' When your brother is sold to you' (ibid.). The Torah emphasizes that the Court may only sell a Hebrew servant 'to you,' i.e., to a Jew. One selling himself may do so for six years or longer while a servant sold by the Court is sold only for six years. One selling himself is not given a severance gift (see Deut. 15:12-14), while the servant who is sold by the Court is given one" (Rambam, Hil. Avadim 3:12).

Our mishnah teaches how a Hebrew servant is acquired, and how he becomes free.

A Hebrew servant is acquired with money - which is given to him by the master if he sells himself into servitude, as it is written regarding one who sells himself to a non-Jew, "the money that he was bought for" (Lev. 25:51). If the servant is sold by the Court, he is acquired by the master's transfer of money to the Court to pay for his theft as it is written, "and if your brother, a Hebrew man or a Hebrew woman, be sold to you" (Deut. 15:12). In the exegesis of this verse, a parallel is established between a Hebrew man-servant and a Hebrew maidservant. A maidservant sold by her father is acquired with the money given by the master to her father for it is written regarding her, "then he shall let her be redeemed" (Ex. 21:8), teaching us that the price she pays to redeem herself is reduced proportionately to the years that she has worked, implying that she was originally acquired by the payment of money; similarly, menservants sold by the Court can be acquired with money. The law regarding a person who sells himself to a Jew is learned by analogy from the use of the phrase "hired worker" in two verses (Rashi). Regarding a servant sold by the Court it is written, "for he has done double the hire of a hired worker" (Deut. 15:18), and regarding a person who sells himself into servitude it is written, "he shall be with you as a hired worker and as a settler" (Lev. 25:40). Hence, just as a servant sold by the Court is acquired by money, so, too, one who sells himself to a Jew is acquired by money; or - is acquired -

by a document - given to the master in which the servant writes: "I have been sold to you," or "I have been acquired by you." If the Court sells the servant, they write a document of sale for the master. Acquisition by document is learned from the law of a Hebrew maidservant, regarding whom it is written, "she shall not go out as the menservants do" (Ex. 21:7). It was deduced from this that she does not "go out" as do Canaanite servants, but she "is acquired" in the same manner as are Canaanite servants, viz., with a document. In the document the father writes to the master: "My daughter has been acquired by you";

and acquires himself- goes out free, with years - at the end of six years to the day from the time that he had been sold by the Court. The person who sells himself, however, may sell himself for more than six years, and goes out only at the end of this period, as was explained in the introduction to this mishnah;

or with the Jubilee year - if the Jubilee year falls within the six-year period for which the servant was sold by the Court, or within the period for which one sold himself into servitude, then he goes free, as it is written, "he shall serve with you until the Jubilee year" (Lev. 25:40);

or through a monetary deduction - if the servant is able to redeem himself, we divide the amount for which he was sold by the number of years he was sold for, and deduct from this the money for the years which he served. He repays the rest to his master and goes free. This is learned from the law of a Hebrew maidservant, regarding whom it is written, "He shall let her be redeemed" (Ex. 21:7) - the Torah teaches that her redemption money is lessened and she goes out, as was already mentioned. The law of a Hebrew manservant is derived from that of a Hebrew maidservant.

The Hebrew maidservant has an advantage over him - the Hebrew maidservant acquires her freedom through all the above means (years, the Jubilee year, the deduction of money), and also has an additional advantage over the manservant, for she acquires herself - goes free, also - with signs - the signs of puberty that she manifests after reaching the age of twelve years and one day. The Sages learned from the verse, "and she shall go out free" (Ex. 21:11), that she goes out with signs.

One who is pierced - a servant who refused to accept his freedom at the conclusion of six years and was pierced, (see Ex. 21:56) is acquired through the act of piercing - all the laws applying to servants apply to him, and he acquires himself - goes out free, with the Jubilee year, or through the death of his master - as it is written, concerning the servant whose ear is pierced, "he shall serve him forever" (ibid.), which the Sages interpreted as follows: "he shall serve him" - and not his son; "forever" - until the Jubilee year (see Gemara, Kidd. 15a).

A Hebrew servant who has not been pierced, however, does not go out on the death of his master, but continues to serve his son, as it is written, "He shall serve for six years" (Ex. 21:2), from which it was learned, "he shall serve" - the son also. However, he serves only the son, but not the daughter or other heirs, as it is written, "he shall serve you six years" (Deut. 15:12), from which it was learned, "he shall serve you" - and not the heirs (if there is no son). A Hebrew maidservant, however, even though she is not pierced, goes out free on the death of the master, as it is written, "And also unto your bondwoman you shall do likewise" (ibid, 17). The Torah compares the Hebrew maidservant to the servant whose ear is pierced - just as he serves neither the son nor the daughter, similarly the Hebrew maidservant serves neither the son nor the daughter (Gemara, Kidd. 17b).

KIDDUSHIN: CHAPTER 1: MISHNAH 3

A Canaanite servant is acquired with money, and with a document, and by hazakah, and acquires himself with money from others, and with a document by himself, the words of Rabbi Meir. And the Sages say, with money by himself, and with a document by others, provided that the money is from others.

Kehati

A non-Jewish servant is referred to in the Mishnah as a "Canaanite servant," after Canaan the son of Ham, regarding whom it is written, "a servant unto servants shall he be unto his brethren" (Gen. 9:25). He is also referred to in the Mishnah simply as "servant," since he is a servant forever, and ceases to be a servant only if his master gives him a document of release, as it is written, "And you shall make them an inheritance for your children after you, to hold for a possession: of them may you take your bondmen for ever" (Lev. 25;46). The law is that a non-Jew who is sold as a Canaanite servant is required to undergo circumcision and ritual immersion, and is obligated to perform the commandments incumbent upon women.

Our mishnah discusses the ways in which a Canaanite servant is acquired and in which he attains his freedom.

A Canaanite servant is acquired with money - paid by his purchaser to his previous master, - or - with a document - in which his previous master writes to his purchaser that the servant is sold to him, and - or - by hazakah -i.e., he performs menial tasks for his owner, e.g., he dresses him, or bathes him, etc., as it is written, "And you shall make them an inheritance for your children after you, to hold for a possession" (ibid.). The Torah draws a parallel to a field held as a possession - just as a field is acquired with money, with a document, or by hazakah (mishnah 5) so, too, is a Canaanite servant acquired with money, with a document, or by hazakah. The Canaanite servant, however, is not, compared to a field as far as the field's return to its original owner in the Jubilee year is concerned, since it is written regarding the Canaanite servant, "of them may you take your bondmen for ever" (ibid). Although a Canaanite servant may also be acquired with halifin (exchange) and meshikhah (pulling), our mishnah only deals with those methods of acquisition which are effective for land but not for movable property (Gemara),

and acquires himself - goes out free, with money - paid - by others - to his master in order to free him; but not by the servant himself, for everything given to the servant becomes the property of his master; even if he is given the money on condition that his master has no rights to it or on condition that he use it to acquire his freedom, it does not help - and - or - with a document - of release, which his master writes for him, and which is received - by himself - but not by others in his stead, since others cannot secure his release for him with a document,

These are the words of Rabbi Meir - who is of the opinion that: 1) a servant cannot acquire property without it becoming his master's and therefore, he cannot purchase himself with money, but must have others do it for him; and 2) it is to the servant's disadvantage to leave his master for freedom (see Mishnah Git. 1:6): And since one cannot act to the detriment of his fellow man without his consent the document of release can only be given to the servant himself. When the servant's freedom is gained with money given by others, however, it is not considered to his detriment since it is the master's action rather than those of the buyer's, which affect the servant's freedom.

And the Sages say, with money by himself - even by the servant himself, for the Sages are of the opinion that a servant may acquire property without it becoming his master's; and - with a document even by others - Since the Sages disagree with Rabbi Meir and consider the servant's release beneficial to him, when others accept the servant's document of release in his stead they do not need his consent. Provided that the money - which the servant gives to his master in order to free himself, is from others - others gave it to him on condition that his master would not have rights to it. The Gemara asks, Why did the mishnah not state, "And the Sages say, with money, and with a document, whether by others or whether by himself?" The Gemara explains that in fact the Sages hold, with money whether by others or whether by himself and with a document. However, the phrase "and with a document by others" in our mishnah was not stated by the Sages, but by a third Tanna, Rabbi Shimon ben Eleazar, whose position is that a servant acquires his freedom, whether with a document or with money, by others, and not by himself. Rabbi Shimon holds that it is to the servant's advantage to gain his freedom, that the servant's ability to acquire articles is not granted simultaneously with his freedom, and that a servant cannot acquire property without it becoming his master's (Gemara and Rashi, Kidd. 23a).

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives