2 "If you buy a Hebrew servant, he shall serve six years and in the seventh he shall go out free without paying anything.
*Minor differences ignored. Grouped by changes, with first version listed as example.
A Hebrew might be sold as a bondman in consequence either of debt Leviticus 25:39 or of the commission of theft Exodus 22:3. But his servitude could not be enforced for more than six full years. Compare the marginal references.
If thou buy a Hebrew servant - Calmet enumerates six different ways in which a Hebrew might lose his liberty:
1. In extreme poverty they might sell their liberty. Leviticus 25:39 : If thy brother be waxen poor, and be sold unto thee, etc.
2. A father might sell his children. If a man sell his daughter to be a maidservant; see Exodus 21:7.
3. Insolvent debtors became the slaves of their creditors. My husband is dead - and the creditor is come to take unto him my two sons to be bondmen, 2-Kings 4:1.
4. A thief, if he had not money to pay the fine laid on him by the law, was to be sold for his profit whom he had robbed. If he have nothing, then he shall be sold for his theft; Exodus 22:3, Exodus 22:4.
5. A Hebrew was liable to be taken prisoner in war, and so sold for a slave.
6. A Hebrew slave who had been ransomed from a Gentile by a Hebrew might be sold by him who ransomed him, to one of his own nation.
Six years he shall serve - It was an excellent provision in these laws, that no man could finally injure himself by any rash, foolish, or precipitate act. No man could make himself a servant or slave for more than seven years; and if he mortgaged the family inheritance, it must return to the family at the jubilee, which returned every fiftieth year.
It is supposed that the term six years is to be understood as referring to the sabbatical years; for let a man come into servitude at whatever part of the interim between two sabbatical years, he could not be detained in bondage beyond a sabbatical year; so that if he fell into bondage the third year after a sabbatical year, he had but three years to serve; if the fifth, but one. See Clarke's note on Exodus 23:11, etc. Others suppose that this privilege belonged only to the year of jubilee, beyond which no man could be detained in bondage, though he had been sold only one year before.
If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for (a) nothing.
(a) Paying no money for his freedom.
If thou buy an Hebrew servant,.... Who sells himself either through poverty, or rather is sold because of his theft, see Exodus 22:3 and so the Targum of Jonathan paraphrases it,"when ye shall buy for his theft, a servant, a son of an Israelite;''agreeably to which Aben Ezra observes, this servant is a servant that is sold for his theft; and he says, it is a tradition with them, that a male is sold for his theft, but not a female; and the persons who had the selling of such were the civil magistrates, the Sanhedrim, or court of judicature; so Jarchi, on the text, says, "if thou buy", &c. that is, of the hand of the sanhedrim who sells him for his theft:
six years he shall serve; and no longer; and the Jewish doctors say (d), if his master dies within the six years he must serve his son, but not his daughter, nor his brother, nor any other heirs:
and in the seventh he shall go out free for nothing; without paying any money for his freedom, as it is explained Exodus 21:11, nay, on the other hand, his master was not to send him away empty, but furnish him liberally out of his flock, floor, and wine press, since his six years' servitude was worth double that of an hired servant, Deuteronomy 15:13, and his freedom was to take place as soon as the six years were ended, and the seventh began, in which the Jewish writers agree: the Targum of Jonathan is, at the entrance of the seventh; and Aben Ezra's explanation is, at the beginning of the seventh year of his being sold; and Maimonides (e) observes the same. Now as this servant, in the state of servitude, was an emblem of that state of bondage to sin, Satan, and the law, which man is brought into by his theft, his robbing God of his glory by the transgression of his precepts; so likewise, in his being made free, he was an emblem of that liberty wherewith Christ, the Son of God, makes his people free from the said bondage, and who are free indeed, and made so freely without money, and without price, of pure free grace, without any merit or desert of theirs; and which freedom is attended with many bountiful and liberal blessings of grace.
(d) Maimon. & Bartenora in Misn. Kiddushin, c. 1. sect. 2. (e) Hilchot Abadim, c. 2. sect. 2.
If thou buy an Hebrew servant--Every Israelite was free-born; but slavery was permitted under certain restrictions. An Hebrew might be made a slave through poverty, debt, or crime; but at the end of six years he was entitled to freedom, and his wife, if she had voluntarily shared his state of bondage, also obtained release. Should he, however, have married a female slave, she and the children, after the husband's liberation, remained the master's property; and if, through attachment to his family, the Hebrew chose to forfeit his privilege and abide as he was, a formal process was gone through in a public court, and a brand of servitude stamped on his ear (Psalm 40:6) for life, or at least till the Jubilee (Deuteronomy 15:17).
The Hebrew servant was to obtain his freedom without paying compensation, after six years of service. According to Deuteronomy 15:12, this rule applied to the Hebrew maid-servant as well. The predicate עברי limits the rule to Israelitish servants, in distinction from slaves of foreign extraction, to whom this law did not apply (cf. Deuteronomy 15:12, "thy brother").
(Note: Saalschtz is quite wrong in his supposition, that עברי relates not to Israelites, but to relations of the Israelites who had come over to them from their original native land. (See my Archהologie, ֗112, Note 2.))
An Israelite might buy his own countryman, either when he was sold by a court of justice on account of theft (Exodus 22:1), or when he was poor and sold himself (Leviticus 25:39). The emancipation in the seventh year of service was intimately connected with the sabbatical year, though we are not to understand it as taking place in that particular year. "He shall go out free," sc., from his master's house, i.e., be set at liberty. חנּם: without compensation. In Deuteronomy the master is also commanded not to let him go out empty, but to load him (חעניק to put upon his neck) from his flock, his threshing-floor, and his wine-press (i.e., with corn and wine); that is to say, to give him as much as he could carry away with him. The motive for this command is drawn from their recollection of their own deliverance by Jehovah from the bondage of Egypt. And in Exodus 21:18 an additional reason is supplied, to incline the heart of the master to this emancipation, viz., that "he has served thee for six years the double of a labourer's wages," - that is to say, "he has served and worked so much, that it would have cost twice as much, if it had been necessary to hire a labourer in his place" (Schultz), - and "Jehovah thy God hath blessed thee in all that thou doest," sc., through his service.
If thou buy an Hebrew servant - Either sold by him or his parents through poverty, or by the judges for his crimes, yet even such a one was to continue in slavery but seven years at the most.
*More commentary available at chapter level.