We recognize that slavery or indentured servitude is inherently wrong and evil. Given the cultural context of the world the rabbis lived in, slavery or indentured servitude was a reality. What made slavery or indentured servitude harder to uproot was the that the Torah sanctions it. Nevertheless, I like to believe that the rabbis wanted to mitigate the harshness of that life and make it unappealing for a Jew to become an indentured servant or master to acquire one.
First of all, we have already learned that when the
court sells a Jew as an indentured servant, eved
evri, he cannot work longer than six years for his master. If the Jubilee
year or the master dies, indentured servant goes free for he is chattel be
passed down as an inheritance.
The rabbis made it difficult for the Jew who wants to
remain an indentured servant past his term of service. The Jew must declare his
desire to remain an eved evri in perpetuity
until the Jubilee year at exactly at the right point or his desire is foiled.
“If he said this statement at the end of six years but did not say it at the beginning of his six years, he is likewise not pierced, as it is stated: “If the slave shall say [amor yomar],” which indicates that he is not pierced unless he states it while he is still a slave. This concludes the baraita.
“… Rava said: What is the meaning of: At the beginning of six? This is not referring to the actual beginning of his six years of service, but to the beginning of the last peruta, i.e., when he reaches the start of his final stage of work worth one peruta, when he is still a slave. And what is the meaning of the term: At the end of six? At the end of the last peruta. ” (Sefaria.org translation)
The rabbis pile on limiting conditions one and top of the other. “The Sages taught: If the slave has a wife and children and his master does not have a wife and children, he is not pierced, as it is stated: “Because he loves you and your house” (Deuteronomy 15:16). The word “house” is referring to a wife and children, and therefore if the master does not have a wife and children the verse cannot be fulfilled, and the slave is not pierced. Similarly, if his master has a wife and children and he does not have a wife and children, he is not pierced, as it is stated: “I love my master, my wife, and my children” (Exodus 21:5).
“Furthermore, if he loves his master but his master does not love him, he is not pierced, as it is stated: “Because he fares well with you” (Deuteronomy 15:16), which indicates that it is good for both of them to be with each other. If his master loves him but he does not love his master, he is not pierced, as it is stated: “Because he loves you.” If he is ill and his master is not ill, he is not pierced, as it is stated: “Because he fares well with you,” which excludes a sick person. Similarly, if his master is ill and he is not ill, he is not pierced, as it is stated “with you,” which equates the well-being of the pair.” (Sefaria.org translation)
The master shouldn’t think that he’s getting a real bargain by buying an eved evri. “The Sages taught: The verse states concerning a Hebrew slave: “Because he fares well with you,” which teaches that the slave should be with you, i.e., treated as your equal, in food, meaning that his food must be of the same quality as yours, and with you in drink. This means that there shall not be a situation in which you eat fine bread and he eats inferior bread, bread from coarse flour mixed with bran, which is low quality. There shall not be a situation in which you drink aged wine and he drinks inferior new wine. There shall not be a situation in which you sleep comfortably on bedding made from soft sheets and he sleeps on straw. From here the Sages stated: Anyone who acquires a Hebrew slave is considered like one who acquires a master for himself, because he must be careful that the slave’s living conditions are equal to his own.” Sefaria.org translation) In fact Tosefot on daf Kidushin 20a ד"ה כׇּל הַקּוֹנֶה עֶבֶד עִבְרִי quotes the Yerushalmi that if the master only has one pillow, he must give it to his eved evri! Indeed anyone who acquires a Hebrew slave is considered like one who acquires a master for himself.
Not only does he have to provide for his eved evri, the master must provide for the eved evri’s family who are not indentured servants. “The Sages taught with regard to a verse that deals with the emancipation of a slave: “Then he shall go out from you, he and his children with him” (Leviticus 25:41). Rabbi Shimon said: This verse is puzzling, as, if he is sold, are his sons and daughters sold? Rather, from here it is derived that his master is obligated to provide sustenance for his children, and when the slave is emancipated his sons are released as well. You say something similar with regard to the verse: “If he is married then his wife shall go out with him” (Exodus 21:3). Rabbi Shimon said: If he is sold, is his wife sold? Rather, from here it is derived that his master is obligated to provide sustenance for his wife.
“The Gemara comments: And it is
necessary for the baraita to mention both cases, as if it had
taught us only that the master is required to provide sustenance for the
slave’s children, one might say that this is because they are not fit
to work and eat. Since they are unable to support themselves, the master is
required to support them. But with regard to his wife, who can eat
and work, one might say that she should work and eat in
payment for her work, and the master is not required to support her for free.”
(Sefaria.org translation) Talk about a financial disincentive of acquiring an eved evri.
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