The Hebrew Servant Sold by the Court for His Theft

Yalkut Shimoni on Torah 310:1

"When you acquire a Hebrew servant" (Exodus 21:2). Scripture speaks of one sold by the court for his theft [a thief who cannot repay], that he serves the master and serves the son [if the master dies during the term]. Or perhaps it speaks only of one who sells himself? When it says, "And if your brother becomes poor and is sold to you" (Leviticus 25:39), one who sells himself is already addressed there. So what does "When you acquire a Hebrew servant" teach? It speaks of one sold for his theft, that he serves the master and serves the son. "When you acquire a Hebrew servant" - Scripture speaks of a son of Israel. Or perhaps only of the [Canaanite] servant belonging to a Hebrew? And how would I uphold "You shall make them an inheritance for your children after you" (Leviticus 25:46)? Of one taken from a heathen. But of one taken from an Israelite I might hear that he serves six years and goes free in the seventh; the verse teaches, "If your brother, a Hebrew, is sold to you" (Deuteronomy 15:12). Since the verse need not say "the Hebrew" - for it already said "your brother" - what does "the Hebrew" teach? It is set free to be compared by a gezeira shava [a verbal analogy]: "Hebrew" is said here and "Hebrew" is said there [in Deuteronomy]; just as the "Hebrew" said there speaks of a son of Israel, so the "Hebrew" said here speaks of a son of Israel. And though there is no proof of the matter, there is a remembrance of the matter, as it is said, "the God of the Hebrews has met with us" (Exodus 5:3), and it says, "and the fugitive came and told Abram the Hebrew" (Genesis 14:13). Rabbi says: One might think you should call him "servant" as a term of disgrace; the verse teaches, "When you acquire a Hebrew servant" - against his will [reluctantly] the Torah called him a servant. "When you acquire a Hebrew servant" - why is it said? To include the convert, the words of Rabbi Eliezer. Rabbi Ishmael says: It is not needed - if an Israelite serves, shall the convert not serve? Were I to argue: if the Israelite serves six and the convert serves twelve, you would say it is enough for what is derived to be like its source; just as the Israelite serves six, so the convert serves six. Because it says, "and if he has nothing, he shall be sold for his theft" (Exodus 22:2), I might hear forever; the verse teaches, "six years he shall serve" - this tells that he serves six and goes free in the seventh.

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