ויקרא, פרק כ״ה, פסוק מ״ה

The Torah establishes clear legal and social boundaries regarding the acquisition of foreign slaves living within or near the land of Israel. A sharp distinction is made between the seven native Canaanite nations, who are strictly forbidden to be kept alive, and other foreign populations. These permitted foreigners are individuals from other nations, such as Egyptians, who migrated to Canaan [אבן עזרא]. They are classified as resident aliens—non-Israelites who have accepted basic moral norms, like the rejection of idolatry, but have not fully converted to join the Israelites [ביאור יש״ר, ביאור שטיינזלץ, נתינה לגר].

There are differing perspectives on exactly who from this population may be acquired. One approach maintains that a resident alien is permitted to sell both himself and his children into slavery [רד״צ הופמן]. Another view, however, emphasizes that only the children of these immigrants may be purchased, but not the adult residents themselves or the children of full converts. This limitation stems from the underlying purpose of this servitude, which is to distance the enslaved individual from idolatry. Because the adult resident aliens have already abandoned idolatrous practices, there is no longer a religious imperative to enslave them [העמק דבר]. Consequently, the Israelites are permitted to purchase the children themselves [רש״י, שפתי חכמים, לבוש האורה, דברי דוד, גור אריה]. Furthermore, a broader legal principle is established: while Israelites may acquire slaves from these foreign nations, foreigners are forbidden from purchasing Israelites as permanent slaves, nor can they acquire one another for full bodily ownership [תורה תמימה].

A central issue arises regarding lineage, specifically concerning the exemption from the strict ban on keeping Canaanites alive. This involves foreigners from other lands who settled in the region and married local Canaanite women. According to the lineage rules governing other nations, a child's status follows the father. Therefore, a child born to a non-Canaanite foreign father and a Canaanite mother takes on the father's nationality. As a result, the child is not classified as a Canaanite, falls outside the prohibition, and may be legally purchased as a slave [רש״י, תורה תמימה, רלב״ג, ביאור יש״ר, רד״צ הופמן]. This exemption remains valid even if the family has permanently settled in the land [גור אריה]. It also extends to future generations; even if that son later marries a Canaanite woman and has children, they may be acquired as long as the male ancestry traces back to a non-Canaanite origin [משכיל לדוד]. Conversely, if a Canaanite father marries a foreign, non-Canaanite woman, the child is legally considered a Canaanite and is forbidden to be kept or purchased [תורה תמימה, רד״צ הופמן].

The nature of this acquisition is fundamentally compared to the ownership of real estate. By using terminology typically reserved for land and inherited estates, the laws of acquiring a foreign slave are equated to those of purchasing property. Both are acquired through identical legal mechanisms, such as the transfer of money, a written deed, or taking practical possession [רלב״ג, מלבי״ם, אילת השחר]. Beyond the method of purchase, this comparison defines the very character of the ownership. Just like a plot of land, which serves as a permanent asset, these slaves become an enduring possession. They do not go free during the Jubilee year, but rather remain in lifelong service and can be passed down as an inheritance to future generations [ביאור יש״ר, ביאור שטיינזלץ, מלבי״ם].