Pisqa’ 121353H:166; JN1: 301-302. 1. “And should he say to you: I will not go free from you” (Dt.15:16). Is it possible to say that [if the Hebrew slave refused his freedom] once, he undergoes the piercing of his ear? The Teaching states: “Now, if the slave forcefully declares” (Ex.21:5)— he cannot be permanently enslaved until he declares and repeats [his insistence upon remaining enslaved].354Mechilta Ishmael, neziqin, 2.
If he declared [his desire to remain enslaved] during the six years [of his term of service], but did not declare it at the end of the six years when he is entitled to go free— indeed, he is not to be pierced, for it says: “I will not be set free” (Ex.21:5)— he cannot be permanently enslaved unless he insists upon it at the time of liberation, [after six complete years]. If he declared at the end of the six years, but he hadn’t declared during the six years— indeed, he is not to be pierced, for it is said: “If the slave forcefully declares” (Dt.21:5)— he cannot be permanently enslaved unless he declares his insistence while time remains in the term of his servitude.
2. “For he loves you” (Dt.15:16)— inferring from what is stated elsewhere: “I love my master” (Ex.21:5)— {wouldn’t I already know that he loves his master? In fact,}355F:179, ls. 13-14 adds this phrase, although it does not appear in any mss or editions except as a marginal addition in mss Berlin . See his register of variants, p. 179, l. 13 and H:440, piska’ 121, n.4. on the basis of both verses, you can claim: if he loved his master, but his master doesn’t love him; or if he is beloved to his master, but he doesn’t love his master— indeed, he is not to be pierced! As it is said: “For he loves you” (Dt.15:16)— [the essential element is the slave’s love for the master]. If the Hebrew slave has a wife and children, yet his master has no wife or children, he is not to be pierced, for it is said: “For he loves you and your household” (Dt.15:16)— [implying that the master has a family of his own].356// Mechilta Ishmael, neziqin 2.
(דברים טו טז) וְהָיָה כִּי יֹאמַר אֵלֶיךָ לֹא אֵצֵא מֵעִמָּךְ, יָכוֹל פַּעַם אַחַת? תַּלְמוּד לוֹמַר (שמות כא ה): ״וְאִם אָמֹר יֹאמַר הָעֶבֶד״, עַד שֶׁיֹּאמַר וְיִשְׁנֶה.
Pisqa’ 121353H:166; JN1: 301-302.
1. “And should he say to you: I will not go free from you” (Dt.15:16).
Is it possible to say that
[if the Hebrew slave refused his freedom] once,
he undergoes the piercing of his ear?
The Teaching states:
“Now, if the slave forcefully declares” (Ex.21:5)—
he cannot be permanently enslaved
until he declares and repeats
[his insistence upon remaining enslaved].354Mechilta Ishmael, neziqin, 2.
אִם אָמַר בְּתוֹךְ שֵׁשׁ וְלֹא אָמַר בְּסוֹף שֵׁשׁ – הֲרֵי זֶה אֵין נִרְצָע, שֶׁנֶּאֱמַר (שמות כא ה): ״לֹא אֵצֵא חָפְשִׁי״, עַד שֶׁיֹּאמַר בִּשְׁעַת יְצִיאָה. אָמַר בְּסוֹף שֵׁשׁ וְלֹא אָמַר בְּתוֹךְ שֵׁשׁ – הֲרֵי זֶה אֵין נִרְצָע, שֶׁנֶּאֱמַר (שם): ״וְאִם אָמוֹר יֹאמַר הָעֶבֶד״, עַד שֶׁיֹּאמַר בְּשָׁעָה שֶׁהוּא עֶבֶד.
If he declared [his desire to remain enslaved]
during the six years [of his term of service],
but did not declare it at the end of the six years
when he is entitled to go free—
indeed, he is not to be pierced,
for it says:
“I will not be set free” (Ex.21:5)—
he cannot be permanently enslaved
unless he insists upon it at the time of liberation,
[after six complete years].
If he declared at the end of the six years,
but he hadn’t declared during the six years—
indeed, he is not to be pierced,
for it is said:
“If the slave forcefully declares” (Dt.21:5)—
he cannot be permanently enslaved
unless he declares his insistence
while time remains in the term of his servitude.
כִּי אֲהֵבְךָ, מִכְּלָל שֶׁנֶּאֱמַר (שמות כא ה) ״אָהַבְתִּי אֶת אֲדֹנִי״, [אֵינִי יוֹדֵעַ שֶׁאוֹהֵב אֶת רַבּוֹ? אֶלָּא] מִכָּן אַתָּה אוֹמֵר: הָיָה הוּא אוֹהֵב אֶת רַבּוֹ וְרַבּוֹ אֵין אוֹהֲבוֹ, הָיָה הוּא אָהוּב עַל רַבּוֹ וְהוּא אֵין אוֹהֵב אֶת רַבּוֹ – הֲרֵי זֶה אֵין נִרְצָע, שֶׁנֶּאֱמַר: כִּי אֲהֵבְךָ. לוֹ אִשָּׁה וּבָנִים וּלְרַבּוֹ אֵין אִשָּׁה וּבָנִים – אֵין נִרְצָע, שֶׁנֶּאֱמַר: כִּי אֲהֵבְךָ וְאֶת בֵּיתֶךָ.
2. “For he loves you” (Dt.15:16)—
inferring from what is stated elsewhere:
“I love my master” (Ex.21:5)—
{wouldn’t I already know that
he loves his master?
In fact,}355F:179, ls. 13-14 adds this phrase, although it does not appear in any mss or editions except as a marginal addition in mss Berlin . See his register of variants, p. 179, l. 13 and H:440, piska’ 121, n.4. on the basis of both verses,
you can claim:
if he loved his master,
but his master doesn’t love him;
or if he is beloved to his master,
but he doesn’t love his master—
indeed, he is not to be pierced! As it is said:
“For he loves you” (Dt.15:16)—
[the essential element is the slave’s love for the master].
If the Hebrew slave has a wife and children,
yet his master has no wife or children,
he is not to be pierced,
for it is said:
“For he loves you and your household” (Dt.15:16)—
[implying that the master has a family of his own].356// Mechilta Ishmael, neziqin 2.
כִּי טוֹב לוֹ עִמָּךְ, הָא אִם חָלָה הוּא אוֹ רַבּוֹ – הֲרֵי זֶה אֵין נִרְצָע.
“Since all is well with him among you” (Dt.15:16)—
thus, if he or his master become ill,
indeed, he is not to be pierced.