שמות, פרק כ״א, פסוק כ״ו

Biblical law introduces an exceptional moral standard regarding the rights of slaves, stripping a master of his property rights if he acts violently. The primary approach among commentators is that this law applies specifically to Canaanite slaves, rather than Hebrew slaves. When a master physically strikes and permanently injures his slave, the penalty is immediate emancipation. Financial compensation, which is the standard penalty for injuring a free person, is not applied here. Since anything a slave acquires automatically belongs to his master, a monetary payment would be completely useless to the victim [חזקוני, מלבי״ם]. Therefore, absolute freedom is the only mechanism that provides true justice.

This severe penalty serves as a powerful deterrent against cruelty, standing in sharp contrast to other ancient cultures that offered slaves no legal protection from their owners [אבן עזרא, שד״ל, הירש, קאסוטו]. The strictness of the punishment also reflects the nature of the crime: such injuries typically stem from a master's unchecked anger and sense of dominance, rather than a mutual fight [העמק דבר].

For the law to take effect, there must be a direct physical act against the slave's body [תורה תמימה, מלבי״ם]. While the law specifically focuses on the eye and the tooth, commentators agree that this rule extends to twenty-four exposed organs that do not grow back, such as fingers, toes, ears, and the nose. The specific mention of the eye and the tooth serves to establish a complete rule: the eye represents an organ a person is born with that never replaces itself, while the tooth represents an organ that replaces itself during childhood. Together, they cover all potential cases [רש״י, גור אריה].

The damage inflicted must be permanent and total, completely removing the organ's ability to function. A temporary injury or a mere weakening of vision does not trigger emancipation [תורה תמימה, נתינה לגר, מלבי״ם, שטיינזלץ]. Regarding the master's intent, the accepted approach is that he must have intended to strike the specific organ, even if he did not mean to destroy it completely. Surprisingly, this law applies even if the master was acting as a medical caregiver trying to heal the slave. If a medical treatment goes wrong and results in the loss of an organ, such as blindness, the slave still goes free [אור החיים, תורה תמימה, הירש].

A deeper perspective connects the specific mention of the eye and the tooth to the historical and spiritual roots of Canaanite slavery. Ham, the father of Canaan, sinned by looking at the nakedness of his father, Noah, with his eyes, and then speaking about it to his brothers with his mouth. Therefore, when a Canaanite slave suffers damage to these exact organs—the very instruments of his ancestor's sin—his body is considered to have completed its punishment, and he earns his freedom [הטור הארוך, רבנו בחיי, שפתי כהן, דעת זקנים].

Finally, the process of emancipation requires an active release by the master, meaning the slave must receive an official document of freedom to formally leave his servitude [תורה תמימה]. This requirement of freedom is an absolute rule that applies in all situations. Furthermore, if a master destroys two organs simultaneously, the slave is granted his freedom in exchange for the first organ, and the master is then required to pay financial compensation for the loss of the second [העמק דבר, תורה תמימה].