שמות, פרק כ״א, פסוק ב׳

The civil and criminal justice system of the Torah opens with the laws of slavery, a striking placement that stems from the deep connection between the concept of freedom and the foundations of the nation. In the ancient world, slaves were largely viewed as property devoid of rights. Opening the legal code with this subject creates a moral revolution, placing human rights and personal liberty at the forefront [שד״ל, רש״ר הירש]. Because God redeemed the Israelites from Egyptian bondage so that they would become His servants, it is inappropriate for them to permanently enslave one another [רמב״ן, רבנו בחיי, אברבנאל]. The strict limitation of servitude to six years also serves as a reminder of Creation, mirroring the six days of work followed by the rest of the Sabbath [רמב״ן, כלי יקר].

The primary approach among commentators is that this law addresses a person sold into servitude by a court because he committed theft and lacks the means to repay the principal amount [רש״י, רשב״ם, תורה תמימה, מלבי״ם]. This is distinct from an individual who willingly sells himself due to extreme poverty. When a person has the opportunity to purchase either a Canaanite or a Hebrew servant, he should prioritize buying the Hebrew in order to redeem him and eventually facilitate his freedom [אור החיים]. The individual is specifically identified as a Hebrew rather than an Israelite. This title links him to the ancient roots of the nation [אבן עזרא, כלי יקר], but it also reflects a diminished status. Because he sinned and stole, he fell from his spiritual standing and is therefore referred to by the lesser title rather than the honorable name Israelite [כלי יקר, העמק דבר]. The use of the word slave emphasizes that he was already sentenced to this fate by the court before being purchased [אור החיים], and it legally permits calling him by this term despite its degrading nature [תורה תמימה]. To prevent any misunderstanding, commentators clarify that this refers exclusively to a Jewish individual, entirely rejecting the notion that it might mean a Canaanite servant purchased from a Jew [רש״י, מזרחי, גור אריה].

The six-year timeframe establishes an absolute boundary for the period of servitude. The individual is obligated to complete six full years of labor, meaning that if he runs away, he must make up the missed time. However, if he falls ill during his servitude, he is not required to make up the days spent recovering [תורה תמימה, רבנו בחיי]. The labor itself is restricted to humane conditions. He works during the day rather than at night, engages in his standard trade, and cannot be subjected to harsh, backbreaking work or degrading tasks typical of ancient slavery [רבנו בחיי, רש״ר הירש]. His obligation to work is owed specifically to his master; if the master dies, the servitude transfers to the master's son, but not to any other heirs [תורה תמימה, מלבי״ם].

The seventh year marks the conclusion of the servitude. This refers specifically to the seventh year from the date of his sale, entirely independent of the national Sabbatical year of the agricultural cycle [חזקוני, מלבי״ם, תורה תמימה]. Upon reaching this milestone, the individual transitions to absolute freedom. This release is entirely free of charge. He is not required to offer any financial restitution to his master, even if the master incurred significant medical expenses for his care during a period of illness [רבנו בחיי, תורה תמימה, רש״ר הירש]. Furthermore, the emancipation is automatic, requiring no formal legal document or bill of release to restore his status as a completely free person [העמק דבר, רבנו בחיי].