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Exodus 21:4 - Slave's family remains?

Exodus 21:4 - שמות 21:4

Hebrew Text

אִם־אֲדֹנָיו יִתֶּן־לוֹ אִשָּׁה וְיָלְדָה־לוֹ בָנִים אוֹ בָנוֹת הָאִשָּׁה וִילָדֶיהָ תִּהְיֶה לַאדֹנֶיהָ וְהוּא יֵצֵא בְגַפּוֹ׃

English Translation

If his master has given him a wife, and she has born him sons or daughters; the wife and her children shall be her master’s, and he shall go out by himself.

Transliteration

Im-adonav yiten-lo isha veyalda-lo vanim o vanot ha'isha vilyadeha tihyeh la'adoneha vehu yetze v'gapo.

Hebrew Leining Text

אִם־אֲדֹנָיו֙ יִתֶּן־ל֣וֹ אִשָּׁ֔ה וְיָלְדָה־ל֥וֹ בָנִ֖ים א֣וֹ בָנ֑וֹת הָאִשָּׁ֣ה וִילָדֶ֗יהָ תִּהְיֶה֙ לַֽאדֹנֶ֔יהָ וְה֖וּא יֵצֵ֥א בְגַפּֽוֹ׃
אִם־אֲדֹנָיו֙ יִתֶּן־ל֣וֹ אִשָּׁ֔ה וְיָלְדָה־ל֥וֹ בָנִ֖ים א֣וֹ בָנ֑וֹת הָאִשָּׁ֣ה וִילָדֶ֗יהָ תִּהְיֶה֙ לַֽאדֹנֶ֔יהָ וְה֖וּא יֵצֵ֥א בְגַפּֽוֹ׃

🎵 Listen to leining

Parasha Commentary

Context in Jewish Law

This verse (Exodus 21:4) discusses the laws of an Eved Ivri (Hebrew indentured servant), specifically addressing the scenario where his master provides him with a Canaanite maidservant as a wife. The Torah outlines that if children are born from this union, they remain the master's property when the servant's term of service ends, while the servant himself goes free alone.

Rashi's Explanation

Rashi (Exodus 21:4) clarifies that the wife mentioned here is a Canaanite maidservant owned by the master, not a Jewish woman. He emphasizes that the Torah permits this arrangement only because the servant is under his master's jurisdiction during his term of service. However, upon gaining freedom, he cannot take the Canaanite wife or their children with him because they remain the master's property.

Rambam's Legal Perspective

Rambam (Hilchos Avadim 3:12) rules that this law applies specifically to a non-Jewish maidservant given by the master. He further states that if the servant wishes to remain with his wife and children after his term ends, he may choose to undergo the ritual of retziyah (piercing his ear with an awl) and become a permanent servant until the Yovel (Jubilee) year.

Moral and Ethical Dimensions

  • The Sefer HaChinuch (Mitzvah 42) explains that this law teaches the value of personal freedom—highlighting that a servant must prioritize his liberty over remaining in servitude for familial ties.
  • The Kli Yakar (Exodus 21:4) adds that this separation underscores the spiritual danger of bonding with a Canaanite partner, as their influence could lead the servant away from Torah values.

Midrashic Interpretation

The Mechilta (Mishpatim 3) connects this law to the broader theme of Geulas Nefesh (redemption of the soul). It suggests that just as the servant must leave behind temporary attachments to achieve freedom, so too must a Jew strive to free themselves from negative influences to serve Hashem completely.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Kiddushin 20a
The verse is discussed in the context of the laws regarding Hebrew slaves, particularly the scenario where a master gives a female slave to his male Hebrew slave as a wife, and the status of the wife and children upon the male slave's release.

Frequently Asked Questions

Q: What does Exodus 21:4 mean about a Hebrew slave's wife and children?
A: Exodus 21:4 discusses the case of a Hebrew slave who is given a wife by his master. According to the Torah, if the slave was married to a non-Jewish maidservant (as Rashi explains), the wife and any children born during his servitude remain with the master when the slave goes free after six years. This teaches the boundaries of servitude and family rights in Jewish law.
Q: Why does the wife and children stay with the master in Exodus 21:4?
A: The wife and children stay with the master because the wife was given to the slave from the master's household (as Rashi explains, she was a Canaanite maidservant). Since she was not originally the slave's wife before servitude, she and the children remain part of the master's property. This law emphasizes the temporary nature of Hebrew servitude and the distinction between acquired property and personal freedom.
Q: What lesson can we learn from Exodus 21:4 about servitude?
A: Exodus 21:4 teaches that while the Torah permits servitude under strict conditions, it also protects personal freedom. A Hebrew slave goes free after six years, but certain acquired relationships (like a wife given by the master) have limitations. This shows the balance between responsibility and liberty in Jewish law, as discussed in the Talmud (Kiddushin 20a).
Q: How does Exodus 21:4 apply to Jewish law today?
A: While Hebrew servitude does not practically apply today, Exodus 21:4 teaches enduring principles about responsibility, contractual obligations, and family rights. The Rambam (Hilchos Avadim 3:12) derives from this verse that a master must treat his servants with dignity, reinforcing ethical behavior even within permitted frameworks.