Kiddushin, Daf Yod Daled, Part 5
Introduction
Today s section begins a new mishnah, one concerned with the acquisition and release of slaves. There are different rules for Hebrew slaves than there are for Canaanite slaves non-Jewish slaves. One of the major differences is that all of the biblical verses which discuss a slave s going free after a certain period of time are considered by the rabbis as referring to Hebrew slaves. This includes Exodus 21:1-11; Leviticus 25:39-44, 47-55; Deuteronomy 15:12-18. Leviticus 25:44-46 refers to Canaanite slaves. Non-Jewish slaves are called Canaanite after Genesis 9:25, Cursed be Canaan; the lowest of slaves shall he be to his brothers. The major difference between the two is that a Hebrew slave goes free automatically after a certain number of years of servitude, whereas a Canaanite slaves works in perpetuity. We should note that the practice of owning Hebrew slaves was probably non-existent, or at least almost non-existent, in the mishnaic/talmudic periods. However, Jews did own non-Jewish slaves. Slavery was a common feature of the Greco-Roman world. The halakhah in general mandates relatively liberal treatment of the slave, but it did not forbid slavery.
1) מתני׳ עבד עברי נקנה בכסף ובשטר
2) וקונה עצמו בשנים וביובל ובגרעון כסף
3) יתירה עליו אמה העבריה שקונה את עצמה בסימנין
4) הנרצע נקנה ברציעה וקונה את עצמו ביובל ובמיתת האדון :
1) A Hebrew slave is acquired by money and by document;
2) And acquires himself by years, by Jubilee, and by deduction from the purchase price.
3) A Hebrew maidservant is greater in that she acquires herself by signs [of physical maturity] .
4) He whose ear is bored is acquired by boring, and acquires himself by Jubilee or his master’s death.
Section one: There are two possibilities for how an Israelite can legally be sold as a slave. First of all, he may sell himself into slavery in order to pay off his debts. In such a case he may be sold to a Jew or to a Gentile. The second possibility is that the court may sell him in order to make compensation for something he sold. The mishnah teaches that in these cases the sale must be done either through money or through a sale document.
Section two: The slave goes free after six years of servitude, as is taught in the beginning of chapter 21 of Exodus. If the Jubilee year, which occurs once every fifty year, happens before he serves out his six years, then he goes free earlier (see Leviticus 25:40). If the slave somehow earns enough money to pay back the original sale price, he has the right to do so at any time. For instance if he was sold for 600 denar, and he would have worked for six years, each year is worth 100 denar, and depending upon when he wants to buy himself back, he pays back 100 denar per year left of work. The master cannot refuse to allow the slave to buy himself back. In this way, the Hebrew slave is more like an indentured servant than truly a slave.
Section three: The sale of female Hebrew slaves is even more restricted. According to halakhah there is no such thing as a female adult Hebrew slave. She can only be sold as a minor and when she shows physical signs of reaching maturity (pubic hair) she becomes free automatically, without having to pay back her sale price. In addition, she can also become free in any of the ways that a male Hebrew slave becomes free. It seems that the institute of minor female slaves was probably a way for the father to marry off his daughter without paying a dowry. While this practice seems cruel to us, it may have been a better option for the daughter than some alternatives.
Section four: In Exodus 21:5-6 we learn that a slave who does not wish to regain his freedom must have his ear pierced and then he may work indefinitely for his master. The piercing causes him to be acquired to his master for a period beyond the normal period of servitude. However, he does not work forever and his master s inheritors do not inherit him. Rather he goes free either at his master s death or at the Jubilee year, whichever comes first. At this point, even if he wishes to remain a slave he has no such choice.
גמ׳ עבד עברי נקנה בכסף מנלן אמר קרא (ויקרא כה, נא) מכסף מקנתו מלמד שנקנה בכסף
GEMARA. A Hebrew slave is acquired by money. How do we know this?
The verse states, [He shall give back the price of his redemption] out of the money that he was bought for (Leviticus 25:51): this teaches that he was acquired by money.
Leviticus refers to the money the slave was purchased for. Thus it is clear that a slave is purchased through money.
אשכחן עבד עברי הנמכר לעובד כוכבים הואיל וכל קנינו בכסף נמכר לישראל מנלן אמר קרא (שמות כא, ח) והפדה מלמד שמגרעת פדיונה ויוצאה
We have [thus] found this in the case of a Hebrew slave sold to a non-Jew, since his [the non-Jew s] sole method of acquisition is by money: How do we know it of one sold to an Israelite? The verse says: Then he shall let her be redeemed (Exodus 21:8): this teaches that she deducts [part] of her redemption money and goes out [free].
The verse in Leviticus refers to a Jew sold to a non-Jew. A non-Jew according to halakhah always acquires objects through money, and not through any other means. But a Jew can acquire through other means (such as taking possession or a document). So how do we know that a Jew acquires slaves through money?
This is learned from a verse referring to the female slave. If a female slave acquires money she deducts the value of the time served from her purchase money and buys back her own freedom. Thus she was clearly acquired for money.
אשכחן אמה העבריה הואיל ומיקדשה בכסף מיקניא בכסף עבד עברי מנלן אמר קרא (דברים טו, יב) כי ימכר לך אחיך העברי או העבריה ועבדך שש שנים מקיש עברי לעבריה
We have thus found it in the case of a Hebrew slave-woman: since she is betrothed with money, she is acquired with money; how do we know it of a Hebrew slave?
The verse says, If your brother, a Hebrew man, or a Hebrew woman be sold to you, and serve you for six years (Deuteronomy 15:12) thus a Hebrew male slave is compared to a Hebrew female slave.
The verse from Exodus referred only to a female Hebrew slave. But we can extend the same law to a male Hebrew slave through the comparison made in Deuteronomy. Both can be acquired through money.
אשכחן מכרוהו ב"ד הואיל ונמכר בעל כורחו מוכר עצמו מנלן יליף (דברים טו, יח) שכיר (ויקרא כה, מ) שכיר
We have now learned it of one sold by the court, since he was sold against his will; how do we know it of one who sells himself?
We learn it from the repeated use of sakhir.
The verse in Deuteronomy referred to a Jewish slave sold by the court to pay back a debt incurred by stealing. Since the money needs to be recovered it is obvious that he is acquired through money. But what about a Jew who sells himself into slavery? This is learned from the repetition of the word sakhir This word, which means hired laborer, is used in both Leviticus (one who sells himself) and Deuteronomy (one who is sold by the court). Therefore, the same rules apply to both.
הניחא למאן דיליף שכיר שכיר אלא למאן דלא יליף שכיר שכיר מאי איכא למימר אמר קרא (ויקרא כה, מז) וכי תשיג מוסף על ענין ראשון וילמד עליון מתחתון
Now, this works for the one who learns from the repetition of sakhir ; but according to the one who does learn from the repetition of the word sakhir, what can be said?
The verse states, And if a resident alien among you has prospered (Leviticus 25:47), thus continuing the preceding section, so that [the subject] above may be deduced from [that] below.
The vav in the phrase and if allows for a law written below to apply to what appeared above. Below is the case of a Jew sold to a non-Jew he can be acquired through money. And because the two passages are attached by the vav, we can learn that a Jew sold to another Jew can also be acquired for money.