Positive Commandment 196 (Digest)
Gifts upon the Discharge of a Jewish Bondsperson
"You shall surely provide him from your flock, from your threshing floor, and from your vat, you shall give him from what G‑d, your G‑d, has blessed you"—Deuteronomy 15:14.
Upon the discharge of a Jewish bondsperson, we are commanded to give him [or her] gifts, to assist him in his newfound freedom. We must not allow him to leave empty-handed.
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> The 196th mitzvah is that we are commanded to give a severance gift and assistance to a Jewish servant who leaves his master without giving payment.;) He should not go away empty-handed.
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> The source of this commandment is G‑d's statement;) (exalted be He), "Give him a severance gift from your flocks, from your threshing floor, and from your wine vat, so that he will have a share of all the things with which G‑d your L‑rd has blessed you."
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> The details of this mitzvah are explained in the first chapter of tractate Kiddushin.;)
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> E.g., after serving six years or upon reaching the Jubilee Year. If, however, the servant paid money in order to be released, the master is not obligated in this mitzvah. This distinction is derived from the phrase (Deut. 15:13)") "When you send him away free." Hilchos Avodim 3:14.
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> Deut. 15:14.
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> 14b.
Negative Commandment 233 (Digest)
Discharging a Jewish Bondsman Empty-Handed
"When you send him away free, you shall not let him go away empty-handed"—Deuteronomy 15:13.
When a bondsman is discharged after six years of service, his master is forbidden to let him leave empty-handed. Rather, he must give him gifts.
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> The 233rd prohibition is that we are forbidden from sending away empty-handed a Jewish servant who has worked for us when he goes free at the end of six years. We are obligated to give him gifts from our possessions.
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> The source of this prohibition is G‑d's statement;) (exalted be He), "When you send him away free, do not send him empty-handed."
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> The details of this mitzvah, which is called the mitzvah of ha'anakah, are explained in the beginning of tractate Kiddushin.
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> Ibid. 15:13.
Positive Commandment 234 (Digest)
Redemption of a Jewish Maidservant
"He must let her be redeemed"—Exodus 21:8.
A person who acquires a Jewish maidservant must allow for her redemption through the various methods prescribed by the Torah.
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> The 234th mitzvah is that we are commanded regarding the redemption of a female Jewish servant.
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> The source of this commandment is G‑d's statement;) (exalted be He), "[If he does not perform yi'ud] he must let her be redeemed."
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> This redemption has many conditions, details and laws associated with it. They are all set forth in tractate Kiddushin,;) where all the laws associated with a female Jewish servant are completely explained.
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> G‑d's statement,;) "If none of the above three are done to the girl, [then she shall be released without payment]," is explained by the Mechilta [that the three things are,] "either her master must marry her, or his son must marry her, or he must let her be redeemed."
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> Ex. 21:8.
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> 19a.
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> Ex. 21:11.
Positive Commandment 233 (Digest)
Marrying a Jewish Maidservant
"If he did not designate her [for himself], then he shall enable her to be redeemed"—Exodus 21:8.
It is a [non-binding] mitzvah for the master of a Jewish maidservant to marry her [if she consents], or to wed her to his son. This mitzvah takes precedence over the master's obligation to allow for the maidservant's redemption.
This mitzvah, along with all the mitzvot that apply to Jewish bondspeople, only applies while the Jubilee is practiced in the Holy Land.
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> The 233rd mitzvah is that a person is commanded to marry his female Jewish servant.;) Either her master or his son is commanded to marry her; and this is known as the mitzvah of yi'ud.
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> Our Sages said explicitly;) that "the mitzvah of yi'ud;) is preferable to the mitzvah of redemption," as seen from G‑d's statement;) (exalted be He), "if he does not perform yi'ud he must let her be redeemed."
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> You should be aware that the laws regarding both male and female Jewish servants apply only when the laws of the Jubilee Year are in effect.
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> The details of this mitzvah are explained in the first chapter of tractate Kiddushin.;)
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> If she wants. Hilchos Avodim 4:8.
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> Mechilta, Parshas Mishpatim.
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> From this phrase we see that yi'ud counts as one of the commandments.
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> Ibid. 21:8.
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> 18a.
Negative Commandment 261 (Digest)
Reselling a Jewish Maidservant
"He shall have no power to sell her"—Exodus 21:8.
One who acquires a Jewish maidservant is not empowered to then sell her to another master.
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> The 261st prohibition is that one who has purchased a female Jewish servant is forbidden from selling her;) to another person.
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> The source of this prohibition is G‑d's statement;) (exalted be He), [By not marrying her] "he is considered to have broken faith with her, and he therefore does not have the right to sell her to anyone else."
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> The details of this mitzvah are fully explained in the beginning of tractate Kiddushin.;)
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> Or giving her as a gift. Hilchos Avodim 4:10.
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> Ex. 21:8.
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> 17b ff.