Commento su Esodo 21:20

וכי יכה איש את עבדו או את אמתו AND IF A MAN SMITE HIS SERVANT OR HIS MAIDSERVANT — Scripture speaks of a Canaanitish servant. Or perhaps this is not so, but it speaks of a Hebrew servant? Scripture however states, (Exodus 21:21) “for he is his money”. How is it in the case of his money? It is something that is his forever (i. e. it is something the possession of which is not limited to a definite time)! So also the servant referred to here is such a one as is his forever (and only a Canaanitish servant serves his master for ever, cf. Leviticus 25:46, whilst the Hebrew servant goes free after six years). But surely he (one that smites his servant) is included in the general statement, (Exodus 21:12) ”Whosoever smiteth a man [so that he die shall surely be put to death]”; why, then, is this case mentioned at all? But Scripture singles it out from the general statement that he (who smiteth his servant etc.) may be subject to the particular regulation of “a day or two” (Exodus 21:21) — that if he (the servant) does not die beneath his hand and continue to live twenty-four hours his master should be freed from the death-penalty (Mekhilta d'Rabbi Yishmael 21.20.1).

IF A MAN SMITE HIS BONDMAN. Our Sages have already perforce derived from the expression, for he is his money,¹³⁷Verse 21. that this verse speaks of a Canaanite bondman, and the plain meaning of Scripture is indeed as they say, for his countryman, a Hebrew man or woman, is not called plain eved or amah without any further qualifications.¹³⁸See also Ramban above Verse 7, and Note 67. Scripture states ‘basheivet’ [with a patach under the beth, which indicates the definite article, thus meaning] “with the rod”: [And if a man smite his bondman, or his bondwoman, with the rod], because it is the custom of a ruler or master to keep in his hand a rod, and G-d therefore warned him that even if it be a rod of correction¹³⁹Proverbs 22:15. and not a wooden cane, he should be careful with it and should not use it to hit even a Ganaanite bondman with a persecution that none restrained.¹⁴⁰Isaiah 14:6. This is the purport of the expression, and he die under his hand, meaning that he kept striking him until he died. It was not necessary for Scripture to state the punishment which he is liable to, but it just stated that he is not to go free merely because the bondman is his money, but he shall surely be punished, as is the punishment of anyone who strikes another person so that he dies, where Scripture has said, he shall surely be put to death.¹⁴¹Above, Verse 12.
In line with the plain meaning of Scripture the intention of: Notwithstanding, if a day or two ‘ya’amod’,¹³⁷Verse 21. [generally translated “he continues”], is that the bondman literally gets up “and stands” on his feet. This is why it was necessary for Scripture to say a day or two, the meaning thereof being that if on that day or on the following day the bondman will stand up on his feet, he [i.e., the master] shall not be punished. And the verse is to be understood as if it said: “notwithstanding, [if he stands up] ‘bayom’ or ‘bayomayim’ (in a day or in two) or ‘l’yom’ or ‘l’yomayim’ (to a day or to two).¹⁴²The verse has it: yom o yomayim [literally: “a day or two”]. This fits in with the translation of ya’amod as “he continues,” thus: if he continues [living] a day or two. Ramban who interprets ya’amod in its literal sense — “he stands up” — therefore concludes that the sense of the verse is: “notwithstanding, if he stands up in a day or in two etc.” The opinion of the Rabbis mentioned further on will explain sufficiently why the Torah did write here yom o yomayim. There are many such cases [where the prefix beth or lamed is missing as it is assumed in the meaning of the word]. Thus, at first He had said, and he die under his hand, which might be taken to have meant that the bondman died immediately at the time he struck him; therefore He referred back and explained that if on the day he struck him he stood up on his feet, or even if he could not stand at all on that day, but did so on the next day, the master is free from punishment. But if he did not stand up at all, the master is liable to punishment, even though the bondman only died on the second day, for that too is considered as if he died under his hand. It did not mention a case where he stood up on the third day, for if the bondman lived three days, the master is free from the death penalty, since this is no longer considered a case of he die under his hand.
In the opinion of our Rabbis¹³⁶Mechilta here on the Verse. Scripture mentioned yom o yomayim [“a day or two,” and not bayom o bayomayim, “in a day or in two”], in order to teach us that [for the master to go free] the bondman must have survived twenty-four hours, and the meaning of the expression used is: “a complete day [consisting, as it does, of twenty-four hours]; or two days, neither of which consists of a complete day, [but instead the period of twenty-four hours is made up of the parts of two separate days].” Had it said just “a day,” the bondman would have had to continue living for a night first and then the following day, as is the “day” of the Torah mentioned at the creation¹⁴³And there was evening and there was morning, one day (Genesis 1:5). and in connection with the Sabbaths and festivals; [but now that it said, a day or two it means any period of twenty-four hours, as explained above]. The word ya’amod [in accordance with the opinion of the Rabbis] then means that “he continues to live.” Similarly, that they may ‘ya’amdu’ many days,¹⁴⁴Jeremiah 32:14. means “continue to exist.” And this is the correct and true interpretation of the verse.

נקום ינקם, the blood of the slave. The master is certainly not permitted to administer such a cruel blow even though he owns this human being. He is allowed to administer physical punishments as we know from Proverbs 29,19 בדברים לא יוסר עבד, “a slave does not respond to mere oral chastisement.”