Daily Mitzvah (Rambam)

The 232nd mitzvah is that we are commanded to follow the laws regarding a Jewish servant.

The source of this commandment is G‑d's statement1 (exalted be He), "If you buy a Jewish servant [he shall serve for six years...]."

The general laws of this mitzvah are discussed in the verses of the Torah2 itself, and the detailed laws are completely explained in the beginning of tractate Kiddushin.3

Footnotes

1.

Ex. 21:2.

2.

Ex. ibid.; Lev. 25:39; Deut. 15:12.

3.

14b ff.

The 258th prohibition is that we are forbidden from selling a Jewish servant in the manner that non-Jewish servants are customarily sold, i.e. they are stood up in the place singled out for the sale of servants, their sale is publicly announced so that the buyers outbid one another, etc. This is totally forbidden; rather their sale must be done privately and in a refined manner.

The source of this prohibition is G‑d's statement1 (exalted be He), "They shall not be sold as regular servants."

In the words of the Sifra: "The verse 'They shall not be sold as regular servants' prohibits setting up a stand and placing him on the auction stone."

This prohibition undoubtedly includes someone who kidnaps a Jew, since if he sells the kidnapped person, he is selling him in the same way a Canaanite servant is sold — thereby transgressing the prohibition, "They shall not be sold as regular servants." This has already been mentioned above.2 The Written Torah declares that the violator is executed.

The details of this mitzvah and the preceding one3 are explained in the first chapter of tractate Kiddushin.4

Footnotes

1.

Ibid., 25:42.

2.

See N243.

3.

N257.

4.

20.

The 259th prohibition is that we are forbidden from giving a Jewish servant unnecessary work. Such work is called avodas perech.

The source of this prohibition is G‑d's statement1 (exalted be He), "Do not rule over him with unnecessary work."

Only when we need a certain job done may we give it to him. In the words of the Sifra: "The verse 'Do not rule over him with unnecessary work' means that you may not tell him to warm up a drink when you don't need it." The same applies to similar cases. Our Sages merely brought an example from one of the easiest and simplest types of work in order to teach you that even it is prohibited unless it is needed.

Footnotes

1.

Ibid., 25:43.

The 257th prohibition is that we are forbidden from giving a Jewish servant degrading and humiliating work, as a Canaanite servant would do.

The source of this prohibition is G‑d's statement1 (exalted be He), "Do not work him like a [Canaanite] servant."

In the words of the Sifra: "You shall not have him carry in a linta2 behind you, nor carry your things before you to the bathhouse." A linta is a small mat that one rests on after becoming tired from exercise. A servant customarily picks it up and carries it after his master. We are prohibited from giving any such jobs to a Jewish servant. He may be given only such jobs that an employed worker would agree to do. This is seen from G‑d's statement3 "He shall be with you just like an employee or a resident hand."

Footnotes

1.

Lev. 25:39.

2.

As explained below, a mat. Servants would carry bath accessories in this mat. See Kapach, 5731, note 1, who explains that the proper name is linta, and the letter beis before it means "in a linta." Mosad Harav Kook, 5718, note 356, claims that it is called a blinta.

3.

Ibid., 25:40.

The 260th prohibition is that we are forbidden from allowing a non-Jew who lives in our land to give unnecessary work to a Jewish servant who has sold himself [to the non-Jew].

The source of this prohibition is G‑d's statement1 (exalted be He), "You may not [let his master] rule over him with unnecessary work in front of your eyes."

We may not think that since this servant sinned against himself and sold himself to a non-Jew, that we may let him suffer the consequences of his actions. Instead, we must watch over the non-Jew and prevent him from using the Jew for unnecessary work.

In the words of the Sifra: "The verse 'You may not [let his master] rule over him with unnecessary work in front of your eyes' means that the command2 applies only when it is 'in front of your eyes.' " This means that we are not obligated to watch in his house to see whether or not he is giving unnecessary work, but that whenever we see that he is doing so, we must prevent it.

Footnotes

1.

Ibid., 25:53.

2.

From this expression we see that it counts as one of the commandments.