Sifra
Behar, Section 6
Behar, Section 6
1) (Vayikra 25:42) ("For they are My servants, whom I took out of the land of Egypt; they shall not be sold as slaves are sold.") "For they are My servants": My deed (of servitude) came first. (Therefore, they may serve you only as I permit you.) "whom I took out of the land of Egypt": on condition that they not be sold as slaves are sold. "as slaves are sold": that they not be stood up in public and sold on the auction block.
2) (Vayikra 25:43) ("You shall not rule over him oppressively, and you shall fear your G d.") "You shall not rule over him oppressively": Do not tell him "Heat up this cup for me" if you do not need it, "Cool this cup for me," if you do not need it, "Dig under this grape-vine until I come." And lest you say "I really do need it," such things are relegated to the heart, (i.e., to the truth that one knows in his heart). And of all things that are relegated to the heart it is written "and you shall fear your G d," (who probes the heart).
3) (Vayikra 25:44) ("And your man-servant and your maid-servant, which will be to you, from the nations, which are around you; of them shall you buy a man-servant and a maid-servant.") Lest you say: If You forbade all of these to us, who shall serve us? It is, therefore, written "And your man-servant and your maid-servant, which will be to you from the nations." What is the intent of this? Whence is it derived that if a Jew lived with his maid-servant and begot a son by her you are permitted to make him your servant? From "which will be to you." "from the nations which are around you": and not from the Canaanites in the land, (whom it is a mitzvah to destroy). "from them shall you buy a man-servant and a maid-servant": "a man-servant and a maid-servant": man-servant is being compared to maid-servant. Just as there is no kiddushin (betrothal) for a maid-servant (with a Jew) (viz. Shemoth 21:4), so, there is no kiddushin for a man-servant (with a Jewess).
4) (Vayikra 25:45) ("And also of the sons of the sojourners, who sojourn among you, of them may you buy, and of their families that are with you, which they begot in your land; and they shall be to you for a holding.") "And also of the sons of the sojourners": This tells me only (that you may buy) their children. Whence do I derive (that you may buy) them themselves? From "of them may you buy." Whence is it derived that if one from all the families of the earth lived with one of the Canaanite women and she bore a son to him, you may buy him as a servant? From "and of their families that are with you." Or, (when is it derived) that if one of the Canaanites lived with a woman from all the families of the earth and she bore a son to him, you may buy him as a servant? From "which they begot in your land." "and they shall be to you for a holding": They are like a holding. Just as a holding is acquired by money, deed, or (manifesting) possession (chazakah), so servants are acquired by money, deed, or (manifesting) possession.
5) (Vayikra 25:46) ("And you shall hold them as an inheritance for your sons after you to inherit as a holding. Forever shall you have them serve you. And in your brothers, the children of Israel, one man in his brother, you shall not rule over him oppressively.") "And you shall hold them as an inheritance (for your sons). "them" (the servants) for your sons and not your daughters for your sons — whence we are taught that a father does not pass on his (rights in his) daughters to his sons. And whence is it derived that one who is regarded de facto as one's son is considered his son (for all purposes)? From ("your sons) after you," ("after you" connoting "who are regarded as yours.") "as a holding": Just as (the halachah of) ona'ah ("wronging") does not obtain with a (field of) holding (viz. Vayikra 25:14), so, it does not obtain with servants.
6) "Forever shall you have them serve you.": You have in them only (rights of) service, (but not "rights" of oppression). "And in your brothers, the children of Israel, one man in his brother": This tells me only of a man vis-à-vis a man. Whence do I derive the same for a man vis-à-vis a woman, a woman vis-à-vis a man, a woman vis-à-vis a woman? From "one man in his brother" — in any event (of "brotherhood). "you shall not rule over him oppressively": "you shall not rule over him oppressively," but you may rule over a free man, (who hires himself out for hard labor) "oppressively."