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Leviticus 19:20 - Bondmaid's complex marital status

Leviticus 19:20 - ויקרא 19:20

Hebrew Text

וְאִישׁ כִּי־יִשְׁכַּב אֶת־אִשָּׁה שִׁכְבַת־זֶרַע וְהִוא שִׁפְחָה נֶחֱרֶפֶת לְאִישׁ וְהָפְדֵּה לֹא נִפְדָּתָה אוֹ חֻפְשָׁה לֹא נִתַּן־לָהּ בִּקֹּרֶת תִּהְיֶה לֹא יוּמְתוּ כִּי־לֹא חֻפָּשָׁה׃

English Translation

And whoever lies carnally with a woman, that is a bondmaid, designated to a man, and not wholly redeemed, nor freedom given her; inquiry shall be made; they shall not be put to death, because she was not free.

Transliteration

Ve'ish ki-yishkav et-ishah shichbat-zera ve'hi shifcha necherefet le'ish vehofde lo nifdata o chufsha lo nitan-lah bikoret tihye lo yumtu ki-lo chufsha.

Hebrew Leining Text

וְ֠אִ֠ישׁ כִּֽי־יִשְׁכַּ֨ב אֶת־אִשָּׁ֜ה שִׁכְבַת־זֶ֗רַע וְהִ֤וא שִׁפְחָה֙ נֶחֱרֶ֣פֶת לְאִ֔ישׁ וְהׇפְדֵּה֙ לֹ֣א נִפְדָּ֔תָה א֥וֹ חֻפְשָׁ֖הֿ לֹ֣א נִתַּן־לָ֑הּ בִּקֹּ֧רֶת תִּהְיֶ֛ה לֹ֥א יוּמְת֖וּ כִּי־לֹ֥א חֻפָּֽשָׁה׃
וְ֠אִ֠ישׁ כִּֽי־יִשְׁכַּ֨ב אֶת־אִשָּׁ֜ה שִׁכְבַת־זֶ֗רַע וְהִ֤וא שִׁפְחָה֙ נֶחֱרֶ֣פֶת לְאִ֔ישׁ וְהׇפְדֵּה֙ לֹ֣א נִפְדָּ֔תָה א֥וֹ חֻפְשָׁ֖הֿ לֹ֣א נִתַּן־לָ֑הּ בִּקֹּ֧רֶת תִּהְיֶ֛ה לֹ֥א יוּמְת֖וּ כִּי־לֹ֥א חֻפָּֽשָׁה׃

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Parasha Commentary

Overview of the Verse

The verse (Vayikra 19:20) discusses the case of a man who engages in relations with a shifcha necherefet (a designated bondmaid) who has not been fully redeemed or granted her freedom. The Torah prescribes that an inquiry must be made, but the parties are not subject to the death penalty, as the woman was not a free woman at the time.

Key Terms and Their Meanings

  • Shifcha Necherefet (שִׁפְחָה נֶחֱרֶפֶת): Rashi explains that this refers to a Canaanite maidservant who was designated (necherefet) to be married to a Hebrew slave or another man but has not yet been formally freed or fully redeemed.
  • Lo Nifdasa (לֹא נִפְדָּתָה): She has not been fully redeemed—meaning her master has not completed the process of her emancipation.
  • Lo Nitan Lah Chofshah (לֹא נִתַּן־לָהּ חֻפְשָׁה): No formal document of freedom (shetar shichrur) has been given to her.

Legal Implications

According to the Rambam (Hilchos Issurei Bi'ah 12:10-11), this case is distinct from adultery (ni'uf) because the bondmaid is not fully free, and thus the death penalty does not apply. However, the Torah requires an inquiry (bikores) to determine whether the act was consensual or forced, as this affects the consequences.

Why No Death Penalty?

The Talmud (Sanhedrin 52b) explains that since the woman was not entirely free, her status is akin to a half-slave, half-free individual, and thus the full severity of the law does not apply. Rashi further notes that the Torah shows compassion here, recognizing the diminished legal capacity of a bondmaid who has not yet attained full freedom.

Midrashic Insight

The Midrash (Toras Kohanim) connects this law to the broader theme of justice and mercy in the Torah. Even in cases where strict justice might demand severe punishment, the Torah considers mitigating circumstances—such as the bondmaid’s incomplete legal status—to ensure fairness.

Practical Halachic Outcome

According to Choshen Mishpat (laws of damages and personal status), if the act was consensual, the man must bring a korban asham (guilt offering) as atonement. If it was forced, he is liable for additional penalties, but capital punishment is still not imposed due to the bondmaid’s status.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Keritot 11a
The verse is discussed in the context of the laws regarding a bondmaid who is designated to a man but not fully redeemed or given freedom, focusing on the legal implications of her status.
📖 Sanhedrin 52b
The verse is referenced in a discussion about the circumstances under which capital punishment is or is not applied, particularly in cases involving a bondmaid.

Frequently Asked Questions

Q: What does Leviticus 19:20 mean?
A: Leviticus 19:20 discusses the case of a man who has relations with a female servant ('shifcha') who is partially betrothed to another man but not fully redeemed or granted freedom. The Torah states that they should not be put to death like in other cases of adultery because her status as a partially bound servant makes the situation different. The verse teaches that the legal consequences depend on the woman's social and marital status.
Q: Why is this law about a bondmaid important in the Torah?
A: This law is important because it shows the Torah's nuanced approach to justice, taking into account a person's social status and circumstances. Rashi explains that since the bondmaid was not completely free nor fully betrothed, the usual punishment for adultery does not apply. This teaches us that Jewish law carefully considers the details of each situation before determining consequences.
Q: What can we learn from Leviticus 19:20 today?
A: We learn that Jewish law values fairness and considers the complexities of human relationships. The Talmud (Kiddushin 6a) discusses this verse to understand the legal status of a partially betrothed maidservant. Today, this teaches us the importance of examining situations thoroughly before judging others, recognizing that not all cases are the same.
Q: How does this verse apply to the concept of freedom in Judaism?
A: This verse highlights the Torah's emphasis on freedom, as the consequences differ based on whether the woman was fully freed or not. Rambam (Hilchos Avadim) discusses the laws of Jewish servants, showing that Torah values eventual freedom. The verse reminds us that a person's level of freedom affects their legal and moral responsibilities.
Q: Why does the Torah specify different punishments for this case?
A: The Torah specifies different punishments because the woman's status as a partially bound maidservant makes this case unique. As the Sifra (a halachic Midrash) explains, since she was not completely free nor fully betrothed, the usual death penalty for adultery does not apply. This demonstrates the precision of Torah law in assigning appropriate consequences.