וְאִם־אָמֹ֤ר יֹאמַר֙ הָעֶ֔בֶד אָהַ֙בְתִּי֙ אֶת־אֲדֹנִ֔י אֶת־אִשְׁתִּ֖י וְאֶת־בָּנָ֑י לֹ֥א אֵצֵ֖א חָפְשִֽׁי׃
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Jerusalem Talmud Yevamot
Is it free26This refers back to the argument (Notes 9–12) that the uncircumcised is barred from eating heave. It is claimed that the conditions for application of rule 2, גזרה שוה, are not fulfilled.? Has it not been used for a derivation? As it was stated27Babli 70a, Qiddushin 4a, Zebaḥim 62a; Sifra Emor Pereq 4(17).: “Sojourner”, that is the one who is permanently acquired, “hireling” the one temporarily acquired28Lev. 22:10: “A Cohen’s sojourner or hireling shall not eat from sanctified food.” Who are sojourner and hireling? They cannot be Gentiles; these were excluded in the first part of v. 10. They cannot be slaves; these are included (when circumcised) in v. 11. They must be Hebrew “slaves”, i. e., indentured servants. The verse states that the money paid in acquiring a Hebrew slave is paid not to acquire his person but his working and earning power. Therefore, they are not able to partake of sanctified food. The Hebrew slave who is permanently acquired is the one who refuses to leave when his six years of indenture are passed; Ex. 21:5–6, Deut. 15:16–17.
According to tradition, the institution of Hebrew slaves disappeared with the first commonwealth and could never be re-introduced. The argument here is purely one of biblical interpretation, not of actual law.. It should only say “sojourner”; why does the verse mention “hireling”? Should the one who is permanently acquired be forbidden to eat and the one temporarily acquired be permitted? But I would have said that “sojourner” means the one temporarily acquired; the mention of the “hireling” teaches that “sojourner” means the one permanently acquired. Rebbi Mathias29He is mentioned only here. said, since it is written “no uncircumcised person may eat from it,30Ex. 12:48.” it is as if free from one side31While the verse in Lev. is used for clarification about the Hebrew slave, Ex. 12:46 cannot speak about him since no circumcised Jew is excluded from the Passover sacrifices. Therefore, the verse is not used for other deductions and the application of rule 2 might be justified.
The Yerushalmi does not clarify the difference between a straight גזרה שוה in which neither part is used for other implications (cf. Note 12), and a conditional one in which only one of the conditions is fulfilled, which may be rejected on logical grounds. This is made explicit in the Babli, 70b..
According to tradition, the institution of Hebrew slaves disappeared with the first commonwealth and could never be re-introduced. The argument here is purely one of biblical interpretation, not of actual law.. It should only say “sojourner”; why does the verse mention “hireling”? Should the one who is permanently acquired be forbidden to eat and the one temporarily acquired be permitted? But I would have said that “sojourner” means the one temporarily acquired; the mention of the “hireling” teaches that “sojourner” means the one permanently acquired. Rebbi Mathias29He is mentioned only here. said, since it is written “no uncircumcised person may eat from it,30Ex. 12:48.” it is as if free from one side31While the verse in Lev. is used for clarification about the Hebrew slave, Ex. 12:46 cannot speak about him since no circumcised Jew is excluded from the Passover sacrifices. Therefore, the verse is not used for other deductions and the application of rule 2 might be justified.
The Yerushalmi does not clarify the difference between a straight גזרה שוה in which neither part is used for other implications (cf. Note 12), and a conditional one in which only one of the conditions is fulfilled, which may be rejected on logical grounds. This is made explicit in the Babli, 70b..
Jerusalem Talmud Kiddushin
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..
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..
Jerusalem Talmud Kiddushin
Rebbi Simeon ben Laqish asked before Rebbi Joḥanan: Should not the Hebrew slave girl leave by definitive marriage, by an argument de minore ad majus? Since indications [of puberty] which do not emancipate her from her father’s power, free her from her master’s power279An adolescent girl remains in her father’s power for six months after her formal puberty (Nedarim 10:1, Note 1) but leaves servitude at the actual onset of puberty., is it not logical that definitive marriage, which emancipates her from her father’s power, shall free her from her master’s power? He said to him, I have only the Mishnah: “The Hebrew slave girl 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..” Bar Pedaiah280In the Babli, 17b, “R. Pada”. said, the Hebrew slave girl leaves at the death of her master. What is the reason? “Also your slave girl you shall treat in the same way;” and it is written: “He shall be for you a permanent slave.281Deut. 15:17, making it clear that the servitude of the “pierced slave” is personally to his master; cf. Note 157. By consensus of all sources, the final clause of that verse, speaking of the Hebrew slave girl, cannot refer to the piercing of the earlobe since this would contradict Ex. 21:5.” He bracketed the Hebrew slave girl with the “pierced slave”. Since the “pierced slave” leaves at his master’s death, the Hebrew slave girl also leaves at her master’s death282Babli 17b; Sifry Deut. #122; Mekhilta dR.Ismael,Neziqin 2; Mekhilta dR.Šim‘on b.Jochai p. 164.. It turns out that Bar Pedaiah parallels the following Tanna, as it was stated: The Hebrew slave283The one indentured for six years, not the “pierced slave” (parallel sources cf. Note 282). serves the son but not the daughter; the Hebrew slave girl serves the daughter but not the son284In the Babli 17b: Neither son nor daughter.. Some Tannaїm state: The Hebrew slave girl as well as the Hebrew slave285The “pierced slave”, not the one indentured for six years. This is Bar Pedaiah’s statement. serve neither the son nor the daughter. How does the Tanna confirm “your slave girl you also shall treat in the same way”? He explains it about the allowance286A supply of produce, required to be given the departing slave by Deut. 15:14. This is the standard interpretation (Babli 17b; Sifry Deut. #122)., as it was stated: The following are given allowances: The one who leaves after six years or in the Jubilee, and the Hebrew slave girl who becomes autonomous by indicators of puberty. But one does not give allowances to one who leaves by the reduction of the amount287Who buys his freedom by repaying the amount given for his services reduced proportionally to the time served. or following the master’s death288In the Babli, 16b, and Sifry Deut. #119, the person leaving at his master’s death is entitled to an allowance. The Yerushalmi restricts allowances to persons serving a predetermined period. (In Masekhet ‘Avadim 2, allowances are given only to those sold by the court.).