1)

What does the Torah mean when it writes "ke'Sachir ke'Soshav Yih'yeh Imach"?

1.

Rashi: It means that one should employ him to work in the field like other hired workers, or to work as a craftsman.

2.

Ramban #1: It means that one should treat an Eved Ivri like a "Sachir"- a hired worker and a "Toshav" 1 - someone who comes to sojourn with you and who works for you voluntarily like a Sachir. 2

3.

Ramban #2 (citing the Sifra): 'Just as a Sachir is paid on a daily basis 3 so too, should you pay the Eved Ivri on a daily basis; 4 and just as one does for a Toshav whatever is beneficial for him 5 and may not taunt him 6 so too, should you do whatever is beneficial for the eved Ivri ('Imach be'Ma'achal, Imach be'Mishtah, Imach bi'Kesus Nekiyah (fine clothes)' and not taunt him..

4.

Seforno: It means that you should treat him like a Sachir (a hired worker) - If he is acquired for six years, you should treat him like a short-term Sachir (for one year), whereas if he is acquired until the Yovel, you should treat him like a long-term Sachir (a Toshav - for many years).


1

Both a Sachir and a Toshav are free men, who are not made to work as Avadim.

2

Ramban: Like Ya'akov worked for Lavan. See Vayeitzei, Bereishis 29:15.

3

Ki Seitzei, Devarim, 24:15.

4

Refer to 25:40:151:1-3 and the note there.

5

Ramban, Ibid. 24:17.

6

Ki Seitzei, Devarim 24:17,

2)

Why does the Torah insert the (otherwise superfluous) words "Yih'yeh Imach"?

1.

Kesuvos, 43a: To teach us that the master may not say to his Eved Ivri 1 'Work for me and (sustain yourslf, because) I will not sustain you!'

2.

Sifra: 'Imach be'Ma'achal, Imach be'Mishteh, Imach bi'Kesus Nekiyah' - the master is not permitted to eat white-bread and feed the Eved Ivri, black-bread, drink vintage wine, and give his Eved Ivri wine straight from the vat, or sleep on a soft matress and give his Eved Ivri a hard matress to sleep on. 2


1

See Torah Temimah, note 209.

2

The Gemara in Kidushin, 15a learns this from the Pasuk in Re'ei Devarim, 15:16 "Ki Tov lo Imach".

3)

Bearing in mind that an Eved Ivri works for six years (as we learned at the beginning of Mishpatim), what does the Torah mean when it writes "Ad Sh'nas ha'Yovel Ya'avod Imach"?

1.

Rashi: It means that, should the Yovel fall in the middle of the six years, he goes free. 1

2.

Erchin, 29a: To teach us that the Dinim of Eved Ivri only apply when the Yovel is in effect.


1

See Sifsei Chachamim.

4)

What are the implications of the (otherwise superfluous) word "Ya'avod Imach"?

1.

Sifra: To prohibit the master from taking away his trade or profession - if he had previously been a public bath-attendant or a baker, to allow him to continue (Chachamim) and not to teach him a new trade if he already has one (R. Yossi). 1


1

See Torah Temimah, note 212.

5)

Seeing as the master already paid for all his labor when the Sifra purchased him, how can the Sifra say (See 25:40:1:3) that an Eved Ivri is paid on the same day - like a Sachir?

1.

Korban Aharon #1 and ha'Torah ve'ha'Mitzvah (both on the Sifra): Rashi answers this, when he says that one should treat him like other hired laborers who work in the field or like craftsmen, 1 by which he means that, if one employs an Eved Ivri for work he is not obligated to do, such as working in the field or to perform the work of a craftsman, one must pay him each day, like other hired laborers.

2.

Korban Aharon #2 citing R. Hillel (on the Sifra): The Sifra means that, when one sends the Eved Ivri free and give gives him Ha'anakah (gifts), he should give them on the same day, like one must pay a worker the same day. 2 This is difficult.

3.

Korban Aharon #3: Perhaps the money that one pays to purchase an Eved Ivri must be paid on the same day.


1

Rashi is ambiguous. Perhaps he means that one may demand from an Eved Ivri to work like other hired workers who work in the field or like craftsmen - Refer to 25:40:1:1 (PF).

2

This is difficult.

6)

The Sifra learns from "Yih'yeh Imach" that the Eved Ivri eats and drinks [the same food] as his master. The Gemara expounds this from "Ki Tov lo Imach" (Devarim 15:16)?

1.

Moshav Zekenim #1 (citing R. Avraham and R. Eliezer mi'Metz): The text of the Sifra is correct, and "Ki Tov lo Imach" is not a command, and is discussing a Nirtza!

2.

Moshav Zekenim #2 (citing his Rebbi): The Mechilta (of R. Yishmael, Nezikin 2 DH Ahavti) learns [like the Gemara] from "Ki Tov Lo Imach." 1


1

He did not answer the objection of R. Avraham and R. Eliezer mi'Mitz. Refer to 25:40:152:1. Perhaps he cites the Mechilta to show that some truly expound from there. Often the Gemara is not precise, and cites a Pasuk that seems to teach a law, but the Mechilta would not do so! (PF)

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