A Knocked-Out Tooth and the Limbs That Free a Slave

Mekhilta DeRabbi Shimon Ben Yochai 21:27

"And if he knocks out his manservant's tooth or his maidservant's tooth" (Exodus 21:27). Might it be that as soon as he struck him on his tooth he goes free? Scripture teaches "he knocks out" — only when he knocks it to the ground. From where do you say that if he struck him on his tooth and it was loosened so he cannot use it, he goes free? Scripture teaches "tooth and eye": just as an eye that is destroyed, so a tooth that is destroyed. Might it be even if he knocked out a milk tooth? Scripture teaches "eye and tooth": just as an eye does not grow back, so a tooth that does not grow back. "He knocks out" — only if he intends to strike him. If his master was a physician and he said, "Paint my eye," and he blinded it, or "Lance my tooth," and he knocked it out, he has made sport of the master and goes free; for even though he did not intend to injure, he did intend to touch the slave's limb. I know only of tooth and eye. From where do I include if he severed the tip of his ear, the tip of his nose, the tip of his finger, or a woman's nipples? Scripture teaches "he shall send him free" — an inclusion. Might it be even if he cut from him a litra of flesh? Scripture teaches "eye and tooth": just as eye and tooth are distinct in being tips of limbs, visible blemishes that do not grow back, so I include only tips of limbs that are visible and do not grow back. From this they said: for twenty-four tips of limbs the slave goes free, namely the tips of the fingers of the hands and the feet, the tips of the ears, the tip of the nose, the tip of the male organ, and a woman's nipples. From this they said: a Canaanite slave is acquired by five things — by money, by document, by possession, by drawing, and by lifting — and he acquires himself by three things: by money, or by document, or by the tips of limbs.

Themes