출애굽기 21:7 해설: Rashi, Chizkuni, Da'at Zekenim & Ramban

וכי ימכר איש את בתו לאמה AND IF A MAN SELL HIS DAUGHTER TO BE A MAIDSERVANT — The text speaks of a minor daughter (under 12 years of age). You might think that he may sell her also although she may have shown signs of incipient puberty and is no longer a minor! You must admit, however, that the à fortiori argument applies: How is it in the case of a woman who was sold at an earlier age (as a minor)? She goes free on showing signs of incipient puberty, as it is said, (v. 11) “then shall she go out free without money”, which law we explain to refer to a woman who has showed such signs during the period of slavery! Is it not the conclusion that she who is of such an age and has not yet been sold shall not be sold at all?! (Arakhin 29b, cf. Mekhilta).

וכי ימכור איש את בתו, “in the event that a father ‘sells’ his daughter, etc.;” the reason why the father here has been described as איש, “a man,” is to make clear that a mother is not allowed to “sell” her daughter.

וכי ימכור איש, “If someone “sells” his daughter, etc.;” according to Rashi, he can only do so while she is less than 12 years of age. If someone were to claim that the father can still do so when that daughter has demonstrated signs of puberty, and that person would argue that the work performed by a daughter belongs to her father even while she is between 12 years and 12 and a half years old, the Torah has added the word לאמה, “to become a maid-servant.” She cannot be “sold” as such when older than 12 years and a day.Some scholars are of the opinion that when a minor male had been “sold” by his father, that minor would be free to leave the employment of his masters when he displayed signs of puberty. This is totally erroneous, as nowhere did we read that a father may “sell” a son, and to draw a comparison from the text in Deuteronomy 15,12, where a male Israelite is described as “selling” himself is quite absurd. If that verse would speak about a minor boy, say an orphan, selling himself. This would be legally completely invalid as minors cannot do such a thing in Jewish law. The reason is that a Jewish court has no authority to penalise a minor. (Compare the addition to Rashi’s commentary on that verse)