Talmud su Esodo 21:5

MISHNAH: A Hebrew slave¹⁵⁰The rules are based on Ex. 21:2–6, Lev. 25:39–43, Deut. 15:12–18. The Lev. source clearly refers to the person who sells himself as indentured servant because he cannot fend for himself. Ex. 22:2 provides for judicial sale of the thief who cannot pay the required double restitution.
Separate rules for the Hebrew slave acquired by a Gentile are given in Lev. 25:47–54. In that case, the slave regains his freedom automatically only in the Jubilee year but the family can force his redemption by repaying the portion of his buying price not amortized by the time passed (Lev. 25:50). is acquired by money or a document; he regains his autonomy by years¹⁵¹The maximum time of a contract of an indentured servant was 6 years; Ex. 21:2, Deut. 15:12., or the Jubilee¹⁵²Lev. 25:40. Since the Jubilee brings back everybody to his ancestral land, everybody is presumed to be able to feed himself. The dependence of the rules of the Hebrew slave on the Jubilee implies that Hebrew slavery disappeared with the Jubilee; it never existed during the Second Commonwealth and is not to be re-instituted in the times of the Messiah (Ševi‘it 10:3, Notes 83–88; Giṭṭin 4:3, Note 65). The discussion about the rules of Hebrew male slavery are a purely theoretical reconstruction of the past whose interest is not in statements but in the rules of inference., or reduction of the amount¹⁵³If the slave or his family buy his freedom, the master is required to accept payment proportional to the time not yet served.. The Hebrew slave girl¹⁵⁴While the rules for the Hebrew slave girl are not tied to the Jubilee, the verses Deut. 15:12,17 equate the rules for male and female slaves. Therefore, all the detailed rules developed in this Halakhah are purely theoretical interpretations of the biblical text; they never were operational within the rabbinic framework. in addition regains her autonomy by indicators of puberty¹⁵⁵While a father can forcibly marry off his daughter until she has reached adulthood (12 years six months and one day) he cannot sell her into slavery beyond adolescence (12 years and a day if she shows signs of puberty). He cannot sell her to work for longer than he had the right to sell.. The pierced slave is acquired by piercing¹⁵⁶The slave who does not want to regain his freedom after six years, whose earlobe is pierced (Ex. 21:6, Deut. 15:17).; he regains his autonomy in the Jubilee or by the master’s death¹⁵⁷Ex. 21:5, Deut. 15:16 make it clear that the relationship of the “pierced” slave to his master is a personal one, not transferable to his heirs..

“His ear³¹⁸Ex. 21:6..” Since “his ear” mentioned there³¹⁹This may refer either to the induction ceremony of the priests (Lev. 8:23,24) or the purification of the sufferer from skin disease (Lev. 14:14,17,25,28). In both cases, it is spelled out that blood was given on the right ear’s cartilage. means the right ear, also here the right ear³²⁰Mekhilta dR.Ismael,Neziqin 2; Sifry Deut. #122.. “If the slave says saying³²¹Ex. 21:5. The interpretation of the emphatic infinitive construction as additional condition is characteristic of R. Aqiba’s interpretation; it is rejected by R. Ismael who considers it a regular feature of biblical syntax.”, two sayings, one at the end of the sixth year and one at the start of the seventh year³²²The slave has to give notice of his intention to remain in his servile state while he still is indentured and has to repeat it at the moment he should become free again. Babli 22a, Mekhilta dR.Ismael,Mišpaṭim 2; Mekhilta dR.Šim‘on b.Jochai p. 162; Sifry Deut. #121.. One at the end of the sixth year, while he still is in his servitude and one at the start of the seventh year, “I will not go free.³²³This is the statement required at the time of his planned release.” “I love my master, my wife, and my children.³²⁴Ex. 21:5.” This teaches that he cannot be pierced unless he have a wife and children, unless he love his master and his master love him; unless the property be blessed because of him³²⁵Mekhilta dR.Ismael,Mišpaṭim2; Mekhilta dR.Šim‘on b.Jochai p. 162; Sifry Deut. #121; Midrash Tannaïm preserved in Midrash Haggadol Deut. 15:17. The last source is the only one which explicitly refers the mention of “the wife” to the Canaanite slave given to him by his master (cf. Rashi to Ex. 21:5), not to the Jewish wife and her children who also have to be sustained by his master (Ex. 21:3). as it is said: “For he feels well with you³²⁴Ex. 21:5..”

The nirẓa‘ should not have his ear pierced until he declares and repeats [his desire to remain in servitude], as it is stated, But if the servant shall plainly say.¹Ex. 21, 5. The Heb. is lit. ‘saying shall say’, i.e. say and say again. If the slave has a wife and children but the master has no wife and children, or if the master has a wife and children and the slave has no wife and children, he should not have his ear pierced. That is the view of R. Ishmael; R. ‘Aḳiba said: In either case he should have his ear pierced.
Anything may be used for the piercing, even a scissors,²Another reading is ‘nail’. but [the proper instrument for] the command to pierce is an awl, as it is stated, And his master shall bore his ear through with an awl.³ibid. 6. He should only be pierced at the top of the ear according to R. Meir; but R. Judah said: He can be pierced also on the flap. He should be pierced only in the right ear in the presence of the Beth Din, as it is stated, Then his master shall bring him unto the Elohim.⁴ibid. Elohim is understood as ‘judges’. Both door and doorpost are mentioned [in the verse]; why are they both mentioned? It is to compare the door to the doorpost: as the doorpost is upright, so the door must be upright.