Bibbia Ebraica
Bibbia Ebraica

Halakhah su Isaia 16:26

Contemporary Halakhic Problems, Vol I

The Torah looks upon the institution of slavery with disfavor and permits a Jew to become an indentured servant only when he has no other means of earning a livelihood. Quoting the verse "For unto Me are the children of Israel slaves …" (Lev. 25:55), the Gemara, Baba Meiz'a 10a, declares that Jews are the servants of God and hence are not permitted to become "the servants of servants." Taking the view that any form of involuntary labor is a form of servitude, the Talmud states that a workingman may withdraw from employment "even in the middle of the day." In a gloss upon the citation of this halakhah in Hoshen Mishpat 333:3, Rema quotes definitive authorities who assert that a laborer, or even a teacher or scribe, may not bind himself to an employer for a period greater than three years if the terms of his employment require him to live in the employer's domicile and to accept the employer's board. Permanent employment under such conditions resembles servitude. Service of this type for a period not exceeding three years is sanctioned on the basis of the verse "Within three years, as the years of a hireling …" (Isa. 16:14). The individual accepting such service for a period of three years or less is deemed a "hireling"; if he accepts such employment for a period in excess of three years he has entered into a proscribed form of "slavery." Hatam Sofer, in his collected responsa, Oraḥ Hayyim, no. 206, indicates that according to some authorities it may be permissible to enter into such contracts for a period of time up to six years in length rather than three.7See also Ḥavot Ya’ir, no. 140.
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