כִּֽי־יִמָּכֵ֨ר לְךָ֜ אָחִ֣יךָ הָֽעִבְרִ֗י א֚וֹ הָֽעִבְרִיָּ֔ה וַעֲבָֽדְךָ֖ שֵׁ֣שׁ שָׁנִ֑ים וּבַשָּׁנָה֙ הַשְּׁבִיעִ֔ת תְּשַׁלְּחֶ֥נּוּ חׇפְשִׁ֖י מֵעִמָּֽךְ׃ וְכִֽי־תְשַׁלְּחֶ֥נּוּ חׇפְשִׁ֖י מֵֽעִמָּ֑ךְ לֹ֥א תְשַׁלְּחֶ֖נּוּ רֵיקָֽם׃
If a fellow Hebrew man—or woman—is sold to you, he shall serve you six years, and in the seventh year you shall set him free. When you set him free, do not let him go empty-handed:
״הַעֲנֵיק תַּעֲנִיק״, אֵין לִי אֶלָּא שֶׁנִּתְבָּרֵךְ הַבַּיִת בִּגְלָלוֹ מַעֲנִיקִין. לֹא נִתְבָּרֵךְ הַבַּיִת בִּגְלָלוֹ, מִנַּיִן? תַּלְמוּד לוֹמַר ״הַעֲנֵיק תַּעֲנִיק״, מִכׇּל מָקוֹם.
With regard to the release of a Hebrew slave it is written: “You shall furnish [ha’aneik ta’anik] him liberally from your flock, and from your threshing floor, and from your winepress; of that which the Lord your God has blessed you, you shall give unto him” (Deuteronomy 15:14). Based on the conclusion of the verse, I have derived only that when the house is blessed because of him, one furnishes the slave with gifts. From where have I derived the obligation to furnish him with gifts even when the house is not blessed because of him? The verse states: “Ha’aneik ta’anik,” to teach that one must furnish him with gifts in any case.
שֶׁלֹּא לְשַׁלֵּחַ עֶבֶד עִבְרִי רֵיקָם – שֶׁלֹּא נוֹצִיא עֶבֶד עִבְרִי בְּיָדַיִם רֵיקָנִיּוֹת מֵעַבְדוּתֵנוּ כְּשֶׁיֵּצֵא בֶּן חוֹרִין לְסוֹף שֵׁשׁ שָׁנִים, אֲבָל נַעֲנִיקֵהוּ מֵהוֹנֵנוּ עַל כָּל פָּנִים, וְעַל זֶה נֶאֱמַר (דברים טו יג) וְכִי תְשַׁלְּחֶנּוּ חָפְשִׁי מֵעִמָּךְ לֹא תְשַׁלְּחֶנּוּ רֵיקָם.
To not send a Hebrew slave empty: That we not release a Hebrew slave with empty hands from our servitude when he goes out to freedom at the end of six years, but rather that we endow him from our wealth regardless. And about this is it stated (Deuteronomy 15:13), “When you send him free, do not send him empty.”
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (קדושין טז, ב) שֶׁאֶחָד הָעֶבֶד הַיּוֹצֵא בְּסוֹף שֵׁשׁ אוֹ בַּיּוֹבֵל אוֹ בְּמִיתַת אָדוֹן, וְכֵן אָמָה שֶׁיָּצָאת בְּאֶחָד מִכָּל אֵלּוּ אוֹ בְּסִימָנִין הֲרֵי אֵלּוּ מַעֲנִיקִין לָהֶם, אֲבָל הַיּוֹצְאִין בְּגִרְעוֹן כֶּסֶף אֵין מַעֲנִיקִין לָהֶם, שֶׁנֶּאֱמַר וְכִי תְשַׁלְּחֶנּוּ חָפְשִׁי, וְזֶה לֹא שִׁלְּחוֹ הוּא, אֶלָּא שֶׁהָעֶבֶד הוּא שֶׁגָּרַם בִּנְתִינַת הַכֶּסֶף לָצֵאת מִתַּחַת יָדוֹ. וְכֵן מָה שֶׁדָּרְשׁוּ זִכְרוֹנָם לִבְרָכָה (שם יז, א) בְּמָה שֶׁהִזְכִּיר הַכָּתוּב צֹאן וְגֹרֶן וְיֶקֶב, שֶׁבִּדְבָרִים שֶׁיֵּשׁ בָּהֶן בְּרָכָה מֵחֲמַת עַצְמָם הוּא שֶׁחַיָּב אָדָם לְהַעֲנִיקָם, אֲבָל לֹא כְּסָפִים וּבְגָדִים. וּמָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם) שֶׁאֵין פּוֹחֲתִין לוֹ מִשְּׁלֹשִׁים סֶלַע, וּבֵין נִתְבָּרֵךְ בַּעַל הַבַּיִת לְרַגְלוֹ אוֹ לֹא נִתְבָּרֵךְ חַיָּב לְהַעֲנִיק לוֹ, וְעֶנֶק הָעֶבֶד לְעַצְמוֹ, וְאֵין בַּעַל חוֹבוֹ גּוֹבֶה מִמֶּנּוּ. וְיֶתֶר פְּרָטֶיהָ, מְבֹאָרִים בְּפֶרֶק רִאשׁוֹן מִקִּדּוּשִׁין.
From the laws of the commandment — that which they, may their memory be blessed, said (Kiddushin 16b) that it is one whether the male slave leaves at the end of six years or at the Jubilee year or with the death of the master, and so [too] a female slave that leaves from one of all these or from signs [of physical maturity], behold we endow these, but with the subtracting of money [that allows him to leave mid-term], we do not endow them, as it is stated (Deuteronomy 15:13), “When you send him free,” and this one he did not send, but rather the slave caused it with the giving of money that he should leave from under his hand; so [too,] that which they, may their memory be blessed, expounded (Kiddushin 17a) about that which the verse mentioned flock, threshing floor and vat, that it is with things that have blessing on their own that a man is obligated to endow them, but not [with] monies and clothing; that which they, may their memory be blessed, said (Kiddushin 17a) that we do not reduce [the endowment] below thirty sela; that he is obligated to endow him whether the homeowner was blessed on his account or not blessed; [that] the endowment of the slave is for himself, and that [the slave’s] creditor does not collect from it; and the rest of its details — are [all] elucidated in the first chapter of Kiddushin.
(שמות כא ב) "עֶבֶד עִבְרִי" הָאָמוּר בַּתּוֹרָה זֶה יִשְׂרְאֵלִי שֶׁמָּכְרוּ אוֹתוֹ בֵּית דִּין עַל כָּרְחוֹ אוֹ הַמּוֹכֵר עַצְמוֹ לִרְצוֹנוֹ. כֵּיצַד. גָּנַב וְאֵין לוֹ לְשַׁלֵּם אֶת הַקֶּרֶן בֵּית דִּין מוֹכְרִין אוֹתוֹ כְּמוֹ שֶׁאָמַרְנוּ בְּהִלְכוֹת גְּנֵבָה. וְאֵין לְךָ אִישׁ בְּיִשְׂרָאֵל שֶׁמּוֹכְרִין אוֹתוֹ בֵּית דִּין אֶלָּא הַגַּנָּב בִּלְבַד. וְעַל זֶה שֶׁמְּכָרוּהוּ בֵּית דִּין הוּא אוֹמֵר (שמות כא ב) "כִּי תִקְנֶה עֶבֶד עִבְרִי". וְעָלָיו הוּא אוֹמֵר בְּמִשְׁנֵה תּוֹרָה (דברים טו יב) "כִּי יִמָּכֵר לְךָ אָחִיךָ הָעִבְרִי". מוֹכֵר עַצְמוֹ כֵּיצַד. זֶה יִשְׂרָאֵל שֶׁהֶעֱנִי בְּיוֹתֵר נָתְנָה לוֹ תּוֹרָה רְשׁוּת לִמְכֹּר אֶת עַצְמוֹ שֶׁנֶּאֱמַר (ויקרא כה לט) "כִּי יָמוּךְ אָחִיךָ עִמָּךְ וְנִמְכַּר לְךָ". וְאֵינוֹ רַשַּׁאי לִמְכֹּר אֶת עַצְמוֹ וּלְהַצְנִיעַ אֶת דָּמָיו אוֹ לִקְנוֹת בָּהֶם סְחוֹרָה אוֹ כֵּלִים אוֹ לִתְּנֵם לְבַעַל חוֹב אֶלָּא אִם כֵּן צָרִיךְ לְאָכְלָן בִּלְבַד. וְאֵין אָדָם רַשַּׁאי לִמְכֹּר אֶת עַצְמוֹ עַד שֶׁלֹּא יִשָּׁאֵר לוֹ כְּלוּם וַאֲפִלּוּ כְּסוּת לֹא תִּשָּׁאֵר לוֹ וְאַחַר כָּךְ יִמְכֹּר אֶת עַצְמוֹ:
The term "Hebrew servant" used by the Torah refers to a Jew whom the court sells by compulsion, or a person who sells himself willingly.
What is implied? When a person steals and does not have the resources to repay the principal, the court sells him, as we have explained in Hilchot Geneivah.
No other Jewish person is sold by the court, except a thief. Concerning such a thief sold by the court Exodus 21:2 states: "When you acquire a Hebrew servant." And concerning this person, Deuteronomy 15:12 states: "When your Jewish brother will be sold to you."
To what does the term "a person who sells himself" refer? When a Jew becomes sorely impoverished, the Torah gives him permission to sell himself as a servant, as Leviticus 25:39 states: "When your brother will become impoverished and be sold to you."
A person is not allowed to sell himself as a servant and stash away the money, use it to buy merchandise or utensils, or give it to his creditor. He may sell himself only when he needs the money for his very livelihood. A person is not permitted to sell himself unless he has no property remaining at all - i.e., even his clothing no longer remains. Only in such a situation may he sell himself.
What is implied? When a person steals and does not have the resources to repay the principal, the court sells him, as we have explained in Hilchot Geneivah.
No other Jewish person is sold by the court, except a thief. Concerning such a thief sold by the court Exodus 21:2 states: "When you acquire a Hebrew servant." And concerning this person, Deuteronomy 15:12 states: "When your Jewish brother will be sold to you."
To what does the term "a person who sells himself" refer? When a Jew becomes sorely impoverished, the Torah gives him permission to sell himself as a servant, as Leviticus 25:39 states: "When your brother will become impoverished and be sold to you."
A person is not allowed to sell himself as a servant and stash away the money, use it to buy merchandise or utensils, or give it to his creditor. He may sell himself only when he needs the money for his very livelihood. A person is not permitted to sell himself unless he has no property remaining at all - i.e., even his clothing no longer remains. Only in such a situation may he sell himself.
כְּבָר בֵּאַרְנוּ שֶׁאֵין הָאִשָּׁה נִמְכֶּרֶת בִּגְנֵבָתָהּ וְכֵן אֵינָהּ מוֹכֶרֶת אֶת עַצְמָהּ וְאֵינָהּ קוֹנָה לֹא עֶבֶד עִבְרִי וְלֹא עֶבֶד כְּנַעֲנִי מִפְּנֵי הַחֲשָׁד. וְאֵין הַגֵּר נִקְנֶה בְּעֶבֶד עִבְרִי שֶׁנֶּאֱמַר (ויקרא כה מא) "וְשָׁב אֶל מִשְׁפַּחְתּוֹ" מִי שֶׁיֵּשׁ לוֹ מִשְׁפָּחָה:
We have already explained that a woman is never sold because of a theft. Similarly, she may not sell herself as a servant, nor may she purchase a Hebrew servant or a Canaanite slave, because of the suspicion of immoral behavior.
A convert may not sell himself as a servant. This is derived from Leviticus 25:41: "And he shall return to his family" - i.e., it is speaking about someone who has a family within the Jewish faith.
A convert may not sell himself as a servant. This is derived from Leviticus 25:41: "And he shall return to his family" - i.e., it is speaking about someone who has a family within the Jewish faith.
עֶבֶד עִבְרִי שֶׁמְּכָרוּהוּ בֵּית דִּין אֵין מוֹכְרִין אוֹתוֹ אֶלָּא לְיִשְׂרָאֵל אוֹ לְגֵר צֶדֶק. וְכֵן הַמּוֹכֵר עַצְמוֹ אֵינוֹ רַשַּׁאי לִמְכֹּר עַצְמוֹ לְעַכּוּ"ם וַאֲפִלּוּ לְגֵר תּוֹשָׁב. וְאִם עָבַר וּמָכַר עַצְמוֹ אֲפִלּוּ לְעַכּוּ"ם וַאֲפִלּוּ לַעֲבוֹדַת כּוֹכָבִים עַצְמָהּ הֲרֵי זֶה מָכוּר שֶׁנֶּאֱמַר (ויקרא כה מז) "אוֹ לְעֵקֶר מִשְׁפַּחַת גֵּר". לְעֵקֶר זֶה הַנִּמְכָּר לַעֲבוֹדַת כּוֹכָבִים עַצְמָהּ:
A Hebrew servant who is sold by the court is sold only to a native-born Israelite or to a convert to Judaism. Similarly, a person who sells himself as a servant is not permitted to sell himself to a gentile, not even to a resident alien. If he transgresses and sells himself, even to a gentile, even to the service of a false divinity itself, the sale is binding, as indicated by Leviticus 25:47, which speaks of a person's selling himself: "to what must be uprooted from a sojourner's family." "What must be uprooted" refers to a false divinity.
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It is remarkable that even between Jew and Jew, slavery was not excluded. How was the principle of gradual guidance toward the realization of a common brotherhood implemented? Right from the beginning there were radical changes from what was general practice in other civilizations. In biblical times, a thief who could not return what he had stolen or pay for its value would be sold as a slave through a rabbinical court. However, he could only be sold for a term of six years. At any time during his enslavement, if he came into the possession of funds sufficient to pay his master the sum he had paid for him, minus the value of the time he had already served, he was permitted to do so and go free. In general, he was to be treated like a hired servant, not like a slave; thus, he was freed from certain kinds of labor that were usually done by slaves, such as carrying his master’s change of clothing to the bath and taking off his master’s shoes. The master had to treat him like an equal in matters of food, drink, clothing, and living conditions (“for he should have it good with you”). When the years of his slavery were up, the Jewish slave was not to be sent away emptyhanded. He was to be paid a “severance fee,” probably the first ever in human history, as it is written: “You should grant him from your sheep, your barn, and your wine cellar. You should give him from that with which God has blessed you.” In general, slaves were to be treated with respect, as befit fellow Israelites. As a result of all this, Jews eventually concluded that he who bought himself a slave bought himself a master. Far be it from me to maintain that Jews always followed these rules and teachings. There is sufficient proof in the Torah to the contrary. Yet there is little doubt in my mind that in a Jewish state, governed by these teaching and rules, had it been in existence, slavery would have been abolished long centuries before the age of Lincoln.
