When a Father Sells His Daughter as a Maidservant

Mekhilta DeRabbi Shimon Ben Yochai 21:7

"And if a man sells his daughter as a maidservant" (Exodus 21:7): from the general rule, as it is said (Exodus 22:2), "and if he has nothing, then he shall be sold for his theft," one might think a woman is sold for her theft. Scripture says (Exodus 22:1) "if a man steals" the man is sold for his theft, but the woman is not sold for her theft. One might think she is not sold for her own theft, but she is sold for her father's theft you say: indeed? If she is not sold for her own theft, shall she be sold for her father's theft? Why is she not sold for her own theft? Because she does not sell herself. Shall she then be sold for her father's theft, since her father does sell her? Scripture says "if a man steals" the man is sold, but the court does not sell. "His daughter" (Exodus 21:7): a man sells his daughter, but he does not sell his son. For I would have said: if a Hebrew maidservant, who does not sell herself of her own will, her father sells her, then a Hebrew slave, who does sell himself of his own will, surely his father should sell him; Scripture says "and if a man sells his daughter" his daughter and not his son. Another interpretation: "his daughter" this means a minor. One might think even a young woman [na'arah]; Scripture says "his daughter" a daughter and not a mother, excluding a na'arah, who is fit to become a mother. From here they said: a father is permitted to sell his daughter until she brings forth signs [of maturity], but once she brings forth signs he is not permitted to sell her. "As a maidservant" (Exodus 21:7): for servitude. Another interpretation: "as a maidservant" [le'amah] read it as "for one who would be disqualified to him" [le'fosla] such as a widow to a high priest, or a divorcee or a chalutzah to an ordinary priest since betrothal takes effect on her. For a man is not permitted to sell his daughter unless he has become poor and has found nothing to eat; and when he sells her, he sells her only to one to whom betrothal of her would take effect. "She shall not go out as the menservants go out" (Exodus 21:7): that she should not carry after him buckets and bath-vessels to the bathhouse the words of Rabbi Eliezer. Rabbi Akiva said to him: what need have I of this? Is it not already said (Leviticus 25:39), "you shall not make him serve as a slave serves"? Then what does "she shall not go out as the menservants go out" teach? That she does not go out for [the loss of] a tooth or an eye as slaves do. For it would have followed logically: if a Canaanite slave, who does not go out after years or at the Jubilee or by deduction of money, nonetheless goes out for a tooth or an eye, then this one, who does go out after years and at the Jubilee and by deduction of money, surely should go out for a tooth or an eye; Scripture says "she shall not go out as the menservants go out."

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