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Avadim - Chapter 2

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Avadim - Chapter 2

1A Hebrew servant who is sold by the court and one who sells himself1 can be acquired through the transfer of money or articles worth money2 or the transfer of a deed of sale.3אעֶבֶד עִבְרִי שֶׁמְכָרוּהוּ בֵּית דִּין וְהַמּוֹכֵר עַצְמוֹ, נִקְנֶה בְּכֶּסֶף וּבְשָׁוֶה כֶּסֶף וּבִשְּׁטָר.
What is implied? The person selling himself writes on a paper or a shard: “I am sold to you,” or “I have been acquired by you,” and gives him the deed.כֵּיצַד בִּשְּׁטָר? כּוֹתֵב לוֹ עַל הַנְּיָר אוֹ עַל הַחֶרֶס 'הֲרֵינִי מָכוּר לָךְ', 'הֲרֵינִי קָנוּי לָךְ', וְנוֹתֵן לוֹ הַשְּׁטָר.
2A servant sold by the court must serve his master for six years4 from the day that he was sold. At the beginning of his seventh year,5 he is released as a free man. If the Sabbatical year falls within his six years of servitude, he must work during it.במְכָרוּהוּ בֵּית דִּין - עוֹבֵד שֵׁשׁ שָׁנִים מִיּוֹם מְכִירָתוֹ, וּבִתְחִלַּת הַשָּׁנָה הַשְּׁבִיעִית שֶׁלּוֹ יֵצֵא בֶּן חוֹרִין. וְאִם פָּגְעָה בּוֹ שְׁנַת הַשְּׁמִטָּה בִּכְלַל הַשֵּׁשׁ, הֲרֵי זֶה עוֹבֵד בָּהּ.
If, however, the Jubilee year falls during this time, even if he was sold only one year before the Jubilee, he should be granted his freedom, as Leviticus 25:13 states: “In this Jubilee year, each man shall return to his ancestral heritage.”6אֲבָל אִם פָּגְעָה בּוֹ שְׁנַת יוֹבֵל, אַפִלּוּ נִמְכַּר שָׁנָה אַחַת לִפְנֵי הַיּוֹבֵל - הֲרֵי זֶה יָצָא לַחֵרוּת, שֶׁנֶּאֱמַר, "בִּשְׁנַת הַיּוֹבֵל הַזֹּאת..." (ויקרא כה, יג).
3A person who sells himself into servitude may sell himself for more than six years.גהַמּוֹכֵר עַצְמוֹ, יֵשׁ לוֹ לִמְכֹּר עַצְמוֹ לְיָתֵר עַל שֵׁשׁ.
Nevertheless - even if he sold himself for ten years or twenty years - if the Jubilee falls a year after he sold himself, he is released in the Jubilee, as it is written: “Until the Jubilee year, he shall work with you.”הֲרֵי שֶׁמָּכַר עַצְמוֹ לְעֶשֶׂר שָׁנִים, אוֹ לְעֶשְׂרִים שָׁנָה, וּפָגַע בּוֹ יוֹבֵל, אַפִלּוּ אַחַר שָׁנָה - הֲרֵי זֶה יֵצֵא בַּיּוֹבֵל, שֶׁנֶּאֱמַר "עַד שְׁנַת הַיֹּבֵל יַעֲבֹד עִמָּךְ" (ויקרא כה, מ).
4If either a servant who sold himself or who was sold by the court flees his master’s domain, he is obligated to complete his six years of servitude.7 If, however, the Jubilee falls during this time, he is granted his freedom.8דאֶחָד הַמּוֹכֵר עַצְמוֹ אוֹ שֶׁמְכָרוּהוּ בֵּית דִּין, וּבָרַח - חַיָּב לְהַשְׁלִים שֵׁשׁ; וְאִם פָּגַע בּוֹ יוֹבֵל, יֵצֵא לְחֵרוּת.
5Should the servant become sick - whether he is sick year after year, or whether he becomes sick repeatedly for short periods - if the time during which he is sick is less than four years,9 it should be counted in the period of six years. If, however, he is sick for four year or more, he is required to complete work for all the days of his illness beyond the six years for which he was originally sold. This is implied by Leviticus 25:40: “He shall be like a hired laborer or a resident among you.”10 If the Jubilee falls in the midst of the time he is compensating for the missed years, he should be released.11החָלָה, בֵּין שֶׁחָלָה שָׁנָה אַחַר שָׁנָה אוֹ שֶׁחָלָה חֳלָאִים מְקֻטָּעִים: אִם הַכֹּל פָחוֹת מֵאַרְבַּע שָׁנִים - עוֹלִין לוֹ לְמִנְיָן שֵׁשׁ; אֲבָל אִם חָלָה אַרְבַּע - חַיָּב לְהַשְׁלִים כָּל יְמֵי הַחֹלִי, שֶׁנֶּאֱמַר "כְּשָׂכִיר כְּתוֹשָׁב" (ויקרא כה, מ). וְאִם פָּגַע בּוֹ יוֹבֵל, יֵצֵא.
When do we calculate the day of sickness? When the sickness is severe and the servant is unable to work. If, however, his sickness is not very severe, and he can do needlework, the time is counted, even if he was sick for the entire six years.בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁמְּחַשְּׁבִין יְמֵי הַחֹלִי? כְּשֶׁהָיָה חָלְיוֹ כָּבֵד, שֶׁאֵינוֹ יָכוֹל לַעֲשׂוֹת מְלָאכָה. אֲבָל אִם לֹא הָיָה חָלְיוֹ כָּבֵד, אֶלָא יָכוֹל לַעֲשׂוֹת מַעֲשֵׂה מַחַט - אַפִלּוּ חָלָה כָּל שֵׁשׁ, עוֹלִין לוֹ.
6When a person sells himself to a gentile, if he is not redeemed he is not released except in the Jubilee, as Leviticus 25:54 states: “If he is not redeemed by these, he shall be released in the Jubilee, he and his sons together with him.”והַמּוֹכֵר עַצְמוֹ לַעוֹבֵד כּוֹכָבִים - אִם לֹא נִפְדָּה, אֵינוֹ יוֹצֵא אֶלָא בַּיּוֹבֵל, שֶׁנֶּאֱמַר "וְאִם לֹא יִגָּאֵל בְּאֵלֶּה וְיָצָא בִּשְׁנַת הַיֹּבֵל הוּא וּבָנָיו עִמּוֹ" (ויקרא כה, נד).
7When a person is sold to a gentile, if he cannot obtain the funds necessary to redeem himself, his relatives should redeem him. The closer the relatives, the greater the responsibility as implied by Leviticus 25:49: “His uncle or his uncle’s son shall redeem him.” The court compels the relatives to redeem him, so that he will not become assimilated among the gentiles.זהַנִּמְכָּר לַעוֹבֵד כּוֹכָבִים, אִם לֹא הִשִּׂיגָה יָדוֹ לִגְאֹל עַצְמוֹ - קְרוֹבָיו פּוֹדִין אוֹתוֹ; וְקָּרוֹב קָּרוֹב קוֹדֵם, שֶׁנֶּאֱמַר "אוֹ דֹדוֹ אוֹ בֶן דֹּדוֹ יִגְאָלֶנּוּ..." (ויקרא כה, מט). וּבֵית דִּין כּוֹפִין אֶת קְרוֹבָיו לִפְדּוֹתוֹ, שֶׁלֹּא יִטָּמַע בַּעוֹבֵד כּוֹכָבִים.
If his relatives do not redeem him, and he does not attain the funds to redeem himself, it is a mitzvah for every Jew to redeem him. Whether he was redeemed by his relative, or by any other person, he is released and obtains his freedom. The servant may borrow money to redeem himself from a gentile, and he may redeem himself partially.12לֹא פָדוּהוּ קְרוֹבָיו, אוֹ שֶׁאֵין יָדָם מַשֶּׂגֶת - מִצְוָה בְּיַד כָּל אָדָם מִיִּשְׂרָאֵל לִפְדּוֹתוֹ. וּבֵין שֶׁפָּדוּהוּ קְרוֹבִים, בֵּין שֶׁפָּדָהוּ שְׁאָר אָדָם - יֵצֵא לְחֵרוּת. וְיֵשׁ לוֹ לִלְווֹת וְלִגְאֹל עַצְמוֹ מִיַּד הַעוֹבֵד כּוֹכָבִים, וְגוֹאֵל לַחֲצָאִין.
When, by contrast a person is sold to a Jew, his relatives may not redeem him,13 he may not borrow money to redeem himself and he may not redeem himself partially. What is the law that applies to him? If he obtains the funds to pay the amount due for the years that remain, he may pay that amount and be released.14 If he does not obtain the full amount, he is not released.אֲבָל הַנִּמְכָּר לְיִשְׂרָאֵל - אֵין הַקְּרוֹבִים פּוֹדִין אוֹתוֹ, וְאֵינוֹ לוֹוֶה וְגוֹאֵל, וְאֵינוֹ גּוֹאֵל לַחֲצָאִין. אֶלָא כֵּיצַד דִּינוֹ? אִם הִשִּׂיגָה יָדוֹ לִתֵּן כְּפִי הַשָּׁנִים הַנּוֹתָרוֹת, נוֹתֵן וְיוֹצֵא; וְאִם לָאו, לֹא יֵצֵא.
8Whether a person sell himself to a Jew or a gentile, or whether he is sold by the court, he may deduct money from the price at which he was sold when redeeming himself and obtain his release.15חאֶחָד הַמּוֹכֵר עַצְמוֹ, בֵּין לְיִשְׂרָאֵל בֵּין לַעוֹבֵד כּוֹכָבִים, וְאֶחָד שֶׁמְכָרוּהוּ בֵּית דִּין - הֲרֵי זֶה מְגָרֵעַ פִּדְיוֹנוֹ, וְיוֹצֵא.
What is implied? A servant was sold by the court for sixty dinarim and worked for four of the six years. He then obtained resources. He should pay 20 dinarim and be granted his freedom. Similarly, if he sold himself for 40 dinarim for ten years, he should deduct four dinarim for every year. He may give the remainder in money or in objects worth money and obtain his freedom.כֵּיצַד? הֲרֵי שֶׁמְכָרוּהוּ בְּשִׁשִּׁים דִּינָר, וְעָבַד אַרְבַּע שָׁנִים, וּמָצְאָה יָדוֹ - הֲרֵי זֶה נוֹתֵן עֶשְׂרִים דִּינָר לַאֲדוֹנָיו, וְיֵצֵא לְחֵרוּת. וְכֵן אִם מָכַר עַצְמוֹ בְּאַרְבָּעִים דִּינָר לְעֶשֶׂר שָׁנִים - הֲרֵי זֶה מְגָרֵעַ אַרְבָּעָה דִּינָרִין לְכָל שָׁנָה שֶׁעָבַד, וְנוֹתֵן הַנִשְׁאָר כֶּסֶף אוֹ שָׁוֶה כֶּסֶף, וְיוֹצֵא.
Similarly, a servant sold to a gentile should calculate the number of years left until the Jubilee,16 as Leviticus 25:50 states: “And he shall calculate with his master the number of years from the year he was sold until the Jubilee year.”וְכֵן הַנִּמְכָּר לַעוֹבֵד כּוֹכָבִים - מְחַשֵּׁב הַדָּמִים לְפִי הַשָּׁנִים הַנִשְׁאָרוֹת עַד שְׁנַת הַיּוֹבֵל, שֶׁנֶּאֱמַר "וְחִשַּׁב עִם קֹנֵהוּ מִשְּׁנַת הִמָּכְרוֹ לוֹ עַד שְׁנַת הַיֹּבֵל" (ויקרא כה, נ).
What is implied? If the servant sold himself for 100 dinarim and ten year remained until the Jubilee, he should calculate ten dinarim for each year that he worked, deduct this amount from the money that he was paid, give his owner the remainder in cash and then he is granted his freedom. He may not give his owner produce or utensils. This is implied by the above verse, which mentions: “the money of his purchase”- i.e., he is redeemed with money from a gentile, and not with articles that are worth money.כֵּיצַד? מָכַר עַצְמוֹ בְּמֵאָה וְנִשְׁאָר לַיּוֹבֵל בִּשְׁעַת מְכִירָה עֶשֶׂר שָׁנִים - מְחַשֵּׁב עֶשֶׂר לְכָל שָׁנָה שֶׁעָבַד, וְגוֹרֵעַ מִן הַדָּמִים, וּמֵשִׁיב הַשְּׁאָר כֶּסֶף; לֹא תְּבוּאָה וְלֹא כֵּלִים, שֶׁנֶּאֱמַר "כֶּסֶף מִמֶכֶרוֹ" (שם) - בְּכֶּסֶף הוּא נִגְאָל מִיַּד הַעוֹבֵד כּוֹכָבִים, וְאֵינוֹ נִגְאָל בְּשָׁוֶה כֶּסֶף.
9Whenever17 a Hebrew servant or maid-servant is redeemed by deducting from the price of the sale the calculation is always made in his or her favor - whether his health improves and his value increases, or his health deteriorates and his value decreases. What is implied? A servant was sold for 100 dinarim, but now he is worth 200. We calculate the value of the remaining years on the basis of 100. If he was sold for 200 and is now worth 100, we calculate the value of the remaining years on the basis of 100.טכָּל עֶבֶד עִבְרִי אוֹ עִבְרִיָּה שֶׁיֵּצֵא בְּגֵרְעוֹן כֶּסֶף, וְהִבְרִיא וְהוֹסִיפוּ דָּמָיו, אוֹ נִשְׂחַף וּפָחֲתוּ דָּמָיו - מְחַשְּׁבִין לוֹ לְהָקֵל עָלָיו. כֵּיצַד? הֲרֵי שֶׁנִּמְכַּר בְּמֵאָה, וַהֲרֵי הוּא עַתָּה שָׁוֶה מָאתַיִם - אֵינוֹ מְחַשֵּׁב עִם אֲדוֹנָיו אֶלָא לְפִי מֵאָה. נִמְכַּר בְּמָאתַיִם, וַהֲרֵי הוּא שָׁוֶה מֵאָה - מְחַשֵּׁב עִמּוֹ עַל פִּי הַשָּׁנִים הַנּוֹתָרוֹת לְפִי מֵאָה.
10When a person is sold to a gentile, he can redeem himself partially, as stated above.18 Sometimes this will work to his advantage, and sometimes it will work to his disadvantage. How can it work to his advantage? His master purchased him for 200 zuz. His value decreased and he is now worth 100. The servant gives his master 50, half of his present worth. He then regains his health and is again worth 200. All be is required to pay is 100,19 the remaining half of his value. He is then released.יהַנִּמְכָּר לַעוֹבֵד כּוֹכָבִים - הוֹאִיל וְיֵשׁ לוֹ לִגְאֹל עַצְמוֹ לַחֲצָאִין כְּמוֹ שֶׁבֵּאַרְנוּ, פְּעָמִים יִהְיֶה לְהָקֵל וּפְעָמִים לְהַחְמִיר. כֵּיצַד לְהָקֵל? קָנָה אוֹתוֹ הַעוֹבֵד כּוֹכָבִים בְּמָאתַיִם, וְנִשְׂחַף וַהֲרֵי הוּא עַתָּה שָׁוֶה מֵאָה, וְנָתַן לוֹ חֲמִשִּׁים חֲצִי דָּמָיו, וְהִבְרִיא וַהֲרֵי הוּא שָׁוֶה מָאתַיִם - נוֹתֵן לוֹ מֵאָה שֶׁהֵן חֲצִי דָּמָיו הַנִשְׁאָר, וְיוֹצֵא.
How can it work to his disadvantage? His master purchased him for 200 zuz. The servant gave his master half of his worth, 100 zuz. His value then decreased and he is now worth 100. To redeem himself, he must pay his master 50 zuz, half the remaining amount. Thus, he paid 150 zuz to redeem himself even though he is now worth only 100.כֵּיצַד לְהַחְמִיר? קָנָה אוֹתוֹ בְּמָאתַיִם, וְנָתַן לוֹ חֲצִי דָּמָיו מֵאָה, וְנִשְׂחַף וַהֲרֵי הוּא עַתָּה שָׁוֶה מֵאָה - נוֹתֵן לוֹ חֲמִשִּׁים שֶׁהֵן דְּמֵי חֶצְיוֹ הַנִשְׁאָר, וְנִמְצָא שֶׁנָּתַן מֵאָה וַחֲמִשִּׁים אַף עַל פִּי שֶׁהוּא עַתָּה שָׁוֶה מֵאָה.
11Although a master forgoes the remaining amount of money for which a servant is obligated to work, this obligation is not considered to be waived until the master writes a bill of release for the servant.20 What is implied? His master purchased him for 60 zuz. The servant worked for a year or two and then his master told him: “I am willing to waive the work due for the remainder of the money. Go on your way.” The servant is not released from his servitude until his master has a legal document composed.יאהָרַב שֶׁמָּחַל לָעֶבֶד עַל הַכֶּסֶף שֶׁנִשְׁאַר לוֹ לַעֲבֹד כְּנֶגְדוֹ - אֵינוֹ מָחוּל, עַד שֶׁיִּכְתֹּב לוֹ שְׁטָר שִׁחְרוּר. כֵּיצַד? הֲרֵי שֶׁקָּנָהוּ בְּשִׁשִּׁים, וְעָבַד שָׁנָה אוֹ שְׁנָתַיִם, וְאָמַר לוֹ 'שְׁאָר הַדָּמִים מְחוּלִין לָךְ, לֵךְ לְדַרְכָּךְ' - לֹא נִפְטַר מִשִּׁעְבּוּדוֹ, עַד שֶׁיִּכְתֹּב לוֹ שְׁטָר.
12The following rules apply when a servant’s master dies. If the master is survived by a son, the servant must serve the son until the conclusion of the six years,21 until the conclusion of the years for which he old himself, until the Jubilee year or until he deducts the money for the year he worked and pays the remainder.22יבאָדוֹן שֶׁמֵּת: אִם הִנִּיחַ בֵּן זָכָר - הֲרֵי הָעֶבֶד עוֹבֵד אֶת הַבֵּן עַד סוֹף הַשֵּׁשׁ, אוֹ עַד סוֹף הַשָּׁנִים שֶׁמָּכַר עַצְמוֹ לָהֶן, אוֹ עַד שֶׁיִּפְגַּע בּוֹ יוֹבֵל, אוֹ עַד שֶׁיִּגָּרַע פִּדְיוֹנוֹ וְיִתֵּן הַשְּׁאָר.
If however, the master is not survived by a son, the servant is granted his freedom. He need not serve a surviving daughter23 or the deceased’s brother.24 Needless to say, he need not serve other heirs.25אֲבָל אִם לֹא הִנִּיחַ בֵּן זָכָר - הֲרֵי זֶה יֵצֵא לְחֵרוּת, וְאֵינוֹ עוֹבֵד אֶת הַבַּת וְלֹא אֶת הָאָח; וְאֵין צָרִיךְ לוֹמַר שֶׁאֵינוֹ עוֹבֵד שְׁאָר הַיּוֹרְשִׁין.
When a servant is sold to a convert or a gentile, he is not required to serve even his master’s son.26 Instead, when his master dies he attains his freedom.וְהַנִּמְכָּר לְגֵר צֶדֶק אוֹ לַעוֹבֵד כּוֹכָבִים - אַפִלּוּ הַבֵּן אֵינוֹ עוֹבֵד; אֶלָא כֵּיוָן שֶׁמֵּת הָאָדוֹן, יֵצֵא לְחֵרוּת.
Thus, a Hebrew servant can be acquired through the transfer of money or a bill of sale, and can acquire his freedom through one of five means: a) the conclusion of his year of servitude, b) the advent of the Jubilee year, c) by paying money, an amount reduced in consideration of the years he worked, d) through being given a bill of release, and e) through the death of the master without a son or if the master is a gentile or a convert, even if he is survived by a son.נִמְצֵאתָ אוֹמֵר שֶׁעֶבֶד עִבְרִי נִקְנֶה בְּכֶּסֶף אוֹ בִּשְּׁטָר. וְקוֹנֶה אֶת עַצְמוֹ בַּחֲמִשָּׁה דְּבָרִים - בַּשָּׁנִים, אוֹ בַּיּוֹבֵל, אוֹ בְּגִרְעוֹן כֶּסֶף, אוֹ בִּשְׁטָר שִׁחְרוּר, אוֹ בְּמִיתַת הָאָדוֹן בְּלֹא בֵּן; וּבַעוֹבֵד כּוֹכָבִים אוֹ בְּגֵּר, אַפִלּוּ הִנִּיחַ בֵּן.
It is a mitzvah to tell a servant: “Go out,” at the time of his release.27 Nevertheless, even if his master does not tell him this the servant attains his freedom without any cost. Nor is a bill of release required. Even if he had been sick and his master spent much on his medical expenses, the servant has no obligations to the master, as implied by Exodus 21:2: “He shall go free at no charge.”מִצְוָה לוֹמַר לוֹ 'צֵא' בִּשְׁעַת יְצִיאָתוֹ, אַף עַל פִּי שֶׁלֹא אָמַר לוֹ, הֲרֵי הוּא יוֹצֵא בְּחִנָּם, וְאֵינוֹ צָרִיךְ שְׁטָר. אַפִלּוּ חָלָה וְהוֹצִיא עָלָיו רַבּוֹ הוֹצָאוֹת הַרְבֵּה - אֵינוֹ חַיָּב לוֹ כְּלוּם, שֶׁנֶּאֱמַר "יֵצֵא לַחָפְשִׁי, חִנָּם" (שמות כא,ב).

Quiz Yourself on Avadim Chapter 2

Footnotes
1.

The bracketed additions are added because there is a question whether this phrase should be included in the text of the Mishneh Torah or not. Authoritative Yemenite manuscripts of the Mishneh Torah state: “A Hebrew servant who is sold by the court can be acquired [through the transfer of] money or [articles] worth money, and one who sells himself can be acquired [through the transfer of] money or [articles] worth money or [the transfer of] a deed of sale.”
The Ramban and the Kessef Mishneh, however, favor the emendation of the text to include the bracketed additions. Their rationale is that Kiddushin 14b cites a gezerah shavah that establishes an equation between a servant who sells himself and one who is sold by the court. Since we know that the purchase of a servant who sells himself can be completed by the transfer of a deed of sale, we apply that concept to a servant sold by the court.

2.

With regard to a servant sold by the court, the money must be paid to the court, which in turn gives it to the person from whom the person being sold as a servant stole (Hilchot Geneivah 3:11).

3.

Even after the transfer of the deed of sale, the purchaser must pay for the servant. Once the deed of sale is transferred, even if the money has not yet been paid, the transaction is completed.

4.

For neither a longer or shorter period.

5.

As the Rambam continues to explain, although Exodus 21:2 states: “In the seventh year, he will go free, without payment,” the intent is the seventh year after his servitude began and not the seventh year of the Sabbatical cycle. See the Mechilta on the verse cited.

6.

The Lechem Mishneh notes that Kiddushin 15a interpret this verse as referring to a Hebrew servant who has had his ear pierced with an awl, as a sign of his willingness to continue his servitude beyond the six years for which he was originally sold. Even such a servant is released in the Jubilee year. In this halachah, the Rambam ignores that interpretation, focusing on the simple meaning of the verses, which state that if a Jew becomes impoverished, he may be sold as a servant, but he will be given his freedom in the Jubilee.
This highlights a general principle in the Mishneh Torah. Often, the Rambam will follow the simple meaning of a passage despite the fact that there are Rabbinic sources that interpret it differently.

7.

I.e., he must compensate for the time when he did not work.
Kiddushin 16b, 17a notes that this concept is stated with regard to a servant sold by the court. Based on an association between the two circumstances, our Sages deduce that the same law applies when the servant sells himself.

8.

The Kessef Mishneh notes that this ruling follows the Babylonian Talmud (Kiddushin 17a). The Sefer Mitzvot Gadol rules according to the Jerusalem Talmud (Kiddushin 1:2), which states that a servant who flees must complete his servitude even if the Jubilee falls in the interim.

9.

Tosafot, Kiddushin 17a, explains that this refers to three full years, so that he does not begin the fourth year. It is possible to explain that this is also the Rambam’s intent, as reflected in the following note.

10.

With the inclusion of the proof-text, the Rambam alludes to why it is necessary for the servant to work three years. To explain: When discussing this issue in his Commentary on the Mishnah (Kiddushin 1:2). the Rambam cites as a proof-text, Deuteronomy 15:18: “He has served you twice as much as a hired worker, six years.” Putting the two proof-texts together, one may conclude as follows: Preferably, the Hebrew servant should work for six years, double the term of a hired worker. At the very least, he should serve for three years, as a hired worker does. Support for this is also derived from a non-literal interpretation of Isaiah 16:14, which can be rendered: “Three years, like the years of a hired worker.” (See also Tosafot, loc. cit.)

11.

The Kessef Mishneh derives this as a logical conclusion from the law regarding a servant who flees mentioned in the previous halachah. If the Jubilee year’s effect is great enough to release such a servant from his obligation, certainly it is effective with regard to a servant who is sick.

12.

I.e., if he sold himself for 50 dinarim for four years and obtains 25 dinarim, he may pay them to his master and thus be required to work for only two years.

13.

The Kessef Mishneh interprets this to mean that they are not obligated to redeem him, for there is no danger of his being assimilated among the gentiles. They may, however, redeem him if they desire. The Meiri explains that the relatives cannot compel the master to release the servant if they offer payment. Needless to say, if the master is willing to release him in exchange for payment, he has that option.

14.

Against his master’s desires.

15.

I.e., when we are peaking about the redemption of a servant, neither he nor any of his relatives is required to pay the entire amount for which he was sold. Instead, he or they are required to pay only a prorated amount that takes into consideration the years that he worked.

16.

For as stated in Halachah 6, he is granted his freedom in the Jubilee year.

17.

Whether sold to a Jew or to a gentile.
Sefer HaMitzvot (Positive Commandment 234) and Sefer HaChinuch (Mitzvah 44) consider the redemption of a Hebrew maid-servant to be one of the 613 mitzvot of the Torah. Significantly, the mitzvah is incumbent on the master, i.e., it is his responsibility to allow her to be redeemed, and not on her father. He is not obligated to redeem her.

18.

Halachah 7.

19.

And not 150. Although he is now worth 200, since he redeemed half of his servitude previously, that redemption is binding although he has not paid his original or ultimate worth.

20.

The rationale is that the servant’s physical person is owned by the master, and that lien cannot be released except through the composition of a legal document granting him his release (Kessef Mishneh, based on Kiddushin 16a). [Although the concept stated by the Kessef Mishneh is understandable, the wording he uses must be clarified, for in his Commentary on the Mishnah (Ma’aser Sheni 4:4), the Rambam writes that the physical person of a Hebrew servant is not owned by his master.]

21.

If the servant was sold by the court.

22.

I.e., the son takes the place of the master, and the servant has the same responsibility to the son as he did to the father. Kiddushin 17b derives this from Exodus 21:2: “he shall work for six years” - i.e., regardless of whether or not the master is alive.

23.

I.e., if the deceased did not have any sons, but had a daughter or daughters, the daughter(s) inherit his estate.

24.

If the deceased is not survived by sons, daughters or a father, his brother(s) inherit his estate.

25.

Relatives who are further removed. This is derived from Deuteronomy 15:12, which states “He shall serve you for six years.” Kiddushin, loc. cit., interprets that to mean: “he shall serve you and not an heir.”

26.

This applies even to the son of a convert conceived and born after the convert adopted Judaism (Kessef Mishneh).

27.

I.e., when he completes his years of servitude.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.