Rambam - 1 Chapter a Day
Avadim - Chapter 2
Avadim - Chapter 2
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.
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).
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.
For neither a longer or shorter period.
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.
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.
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.
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.
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.
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.)
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.
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.
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.
Against his master’s desires.
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.
For as stated in Halachah 6, he is granted his freedom in the Jubilee year.
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.
Halachah 7.
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.
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.]
If the servant was sold by the court.
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.
I.e., if the deceased did not have any sons, but had a daughter or daughters, the daughter(s) inherit his estate.
If the deceased is not survived by sons, daughters or a father, his brother(s) inherit his estate.
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.”
This applies even to the son of a convert conceived and born after the convert adopted Judaism (Kessef Mishneh).
I.e., when he completes his years of servitude.
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