דברים, פרק ט״ו, פסוק י״ב

The biblical approach to servitude is deeply intertwined with the preceding laws of poverty and charity. Often, a person falls into servitude precisely because society failed to provide the necessary financial support, loans, or charity to keep them afloat [אלשיך, חזקוני, צרור המור]. Rather than a system of eternal oppression, this form of servitude is designed as a temporary, measured mechanism for rehabilitation, allowing individuals to pay off their debts and rebuild their lives [ביאור שטיינזלץ, רש ר הירש].

The primary approach among commentators is that this servitude is imposed by the court upon a person who committed theft and lacks the funds to make restitution. In such cases, the court may only sell the individual to a fellow Jew, ensuring they remain within the community [אור החיים, תורה תמימה, צפנת פענח]. Conversely, another perspective suggests that this scenario describes an individual who, driven by crushing poverty, voluntarily sells themselves into servitude to survive [שד״ל].

While the fundamental laws of servitude were established earlier in the Torah, they are reiterated here to introduce two critical elements: the mandate to provide a generous severance gift upon release, and the explicit inclusion of female servants. Unlike a man, a female is not sold by the court for theft. Instead, this refers to a young girl whose father is forced to sell her due to extreme destitution [רש״י, רשב״ם, אבן עזרא, ברכת אשר]. The text equates the male and female servants, indicating that both are acquired through money [תורה תמימה], and innovates that the young woman is equally entitled to the severance gift. She goes free after six years, or even earlier if she reaches physical maturity [רלב״ג, ביאור יש״ר].

The six-year term of labor comes with strict legal and spiritual boundaries. Legally, the servitude is a deeply personal contract. The servant is bound only to the master and the master's son; if the master dies, the servant is not passed down to a daughter or other heirs, but immediately goes free [חזקוני, תורה תמימה]. Furthermore, the strict six-year limit applies specifically to a thief sold by the court, whereas a person who sells themselves may choose to contract their labor for a longer period [תורה תמימה]. Spiritually, the six years of labor mirror the six days of the workweek, while the seventh year of release parallels the Sabbath—a time when a person is no longer dependent on a human employer, but relies solely on God's blessing [שפתי כהן]. Throughout this period, despite their diminished social status, the individual's inherent dignity remains intact, as they are ultimately God's servant and never the absolute property of their human master [אלשיך].

As the period of servitude concludes, specific conditions govern the exact timing of the release. If a servant ran away during their term, they must make up the missing time, meaning their labor might extend into the actual seventh year [אור החיים]. However, if the servant fell ill and later recovered, they are not required to compensate the master for the lost time and are released on schedule without penalty [חזקוני]. Ultimately, the release is far more than a technical end to a contract; it is a profound act of social rehabilitation. The master is commanded to send the servant away with dignity and abundant gifts, ensuring they do not leave empty-handed only to fall back into a cycle of poverty and crime. This mandate is rooted directly in the historical memory of the Exodus: just as God redeemed the Israelites from Egyptian slavery with great wealth, a master is obligated to release their servant with overwhelming generosity [אברבנאל, צרור המור].