פרשת בהר - בחקותי תשי"ב - דיני עבד עברי

For unto Me the children of Israel are servants; they are My servants whom I brought forth out of the land of Egypt: I am the LORD your God.

כשכיר כתושב BUT AS A HIRED SERVANT AND AS A SOJOURNER HE SHALL BE UNTO THEE] —Employ him on field-labour or on a handicraft; Treat him as you do any hired servant.

תושב כהן ושכיר A SOJOURNER WITH THE PRIEST OR A HIRED SERVANT [SHALL NOT EAT OF THE HOLY THINGS] — These words mean: the תושב of a כהן and his שכיר (not a כהן who is a תושב or a שכיר); on this account this word תושב here is punctuated with a Patach, because it is in the construct state. What is a תושב? One (a Hebrew servant) whose ear has been pierced (cf. Exodus 21:6), who thereby becomes his (the master’s) possession until the Jubilee year. And what is a שכיר? One (a Hebrew servant) who has been acquired as his possession for a limited number of years only — who goes free at the end of six years (cf. Exodus 21:2). Scripture intends to teach you here that it is not his body (that of the תושב or the שכיר), but only his labour for a term of years that has been acquired by his master that he should become entitled to eat of his heave-offering (as is the case with the קנין כספו, with “a person obtained as a property with money”, mentioned in the next verse) (Sifra, Emor, Section 5 17; Yevamot 70b).

'והיתה שבת הארץ וגו‎‎‎‎ AND THE SABBATH OF THE LAND SHALL BE [FOOD FOR YOU] — Although I have forbidden them (the fruits of the sabbatical year) to you by stating “thou shalt not harvest etc.”, I do not mean to forbid them to you as food or to be used for any other beneficial purpose but what I meant was that you should not comport yourself in respect of them as the exclusive owner but all must be equal as regards it (the Sabbatical year’s produce) — you and your hired servant and your sojourner.

Then shall he go out from thee, he and his children with him, and shall return unto his own family, and unto the possession of his fathers shall he return.

For they are My servants, whom I brought forth out of the land of Egypt; they shall not be sold as bondmen.

As a hired servant, and as a settler, he shall be with thee; he shall serve with thee unto the year of jubilee.

The baraita continues: This means that there shall not be a situation in which you eat fine bread and he eats inferior bread [kibbar], bread from coarse flour mixed with bran, which is low quality. There shall not be a situation in which you drink aged wine and he drinks inferior new wine. There shall not be a situation in which you sleep comfortably on bedding made from soft sheets and he sleeps on straw. From here the Sages stated: Anyone who acquires a Hebrew slave is considered like one who acquires a master for himself, because he must be careful that the slave’s living conditions are equal to his own.