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Leviticus 25:46 - Eternal bonds, but treat brothers kindly

Leviticus 25:46 - ויקרא 25:46

Hebrew Text

וְהִתְנַחֲלְתֶּם אֹתָם לִבְנֵיכֶם אַחֲרֵיכֶם לָרֶשֶׁת אֲחֻזָּה לְעֹלָם בָּהֶם תַּעֲבֹדוּ וּבְאַחֵיכֶם בְּנֵי־יִשְׂרָאֵל אִישׁ בְּאָחִיו לֹא־תִרְדֶּה בוֹ בְּפָרֶךְ׃

English Translation

And you shall take them as an inheritance for your children after you, to inherit them for a possession; they shall be your bondmen for ever: but over your brethren the children of Yisra᾽el, you shall not rule one over another with rigour.

Transliteration

Vehitnakhaletem otam livneikhem achareikhem lareshet achuzah le'olam bahem ta'avodu uve'acheikhem bnei-Yisra'el ish be'achiv lo-tirdeh bo befarekh.

Hebrew Leining Text

וְהִתְנַחַלְתֶּ֨ם אֹתָ֜ם לִבְנֵיכֶ֤ם אַחֲרֵיכֶם֙ לָרֶ֣שֶׁת אֲחֻזָּ֔ה לְעֹלָ֖ם בָּהֶ֣ם תַּעֲבֹ֑דוּ וּבְאַ֨חֵיכֶ֤ם בְּנֵֽי־יִשְׂרָאֵל֙ אִ֣ישׁ בְּאָחִ֔יו לֹא־תִרְדֶּ֥ה ב֖וֹ בְּפָֽרֶךְ׃ <span class="mam-spi-samekh">{ס}</span>        
וְהִתְנַחַלְתֶּ֨ם אֹתָ֜ם לִבְנֵיכֶ֤ם אַחֲרֵיכֶם֙ לָרֶ֣שֶׁת אֲחֻזָּ֔ה לְעֹלָ֖ם בָּהֶ֣ם תַּעֲבֹ֑דוּ וּבְאַ֨חֵיכֶ֤ם בְּנֵֽי־יִשְׂרָאֵל֙ אִ֣ישׁ בְּאָחִ֔יו לֹא־תִרְדֶּ֥ה ב֖וֹ בְּפָֽרֶךְ׃ {ס}        

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Parasha Commentary

Context and Source

The verse (Vayikra 25:46) appears in the context of the laws concerning the treatment of non-Jewish slaves (עבד כנעני) versus Jewish indentured servants (עבד עברי). The Torah distinguishes between the two, permitting the perpetual enslavement of non-Jews under certain conditions while strictly prohibiting harsh treatment of fellow Jews.

Rashi's Explanation

Rashi (Vayikra 25:46) clarifies that the phrase "וְהִתְנַחֲלְתֶּם אֹתָם לִבְנֵיכֶם" ("you shall take them as an inheritance for your children") refers specifically to Canaanite slaves, who may be passed down as property to one's descendants. However, regarding Jewish servants, the Torah states "בְּאַחֵיכֶם בְּנֵי־יִשְׂרָאֵל אִישׁ בְּאָחִיו לֹא־תִרְדֶּה בוֹ בְּפָרֶךְ" ("over your brethren... you shall not rule with rigor"). Rashi emphasizes that a Jewish servant must be treated with dignity and may not be subjected to excessive labor or demeaning tasks.

Rambam's Halachic Perspective

In Hilchos Avadim (Laws of Slaves 1:7), the Rambam codifies this distinction, stating that while a non-Jewish slave may be compelled to work indefinitely, a Jewish servant must be released after six years (as per Shemos 21:2). The Rambam further explains (Hilchos Avadim 1:9) that the prohibition of "בְּפָרֶךְ" ("with rigor") includes any form of oppressive or unnecessary labor, as well as verbal abuse.

Talmudic and Midrashic Insights

  • The Sifra (Behar 7:3) derives from this verse that while a Jew may acquire a non-Jewish slave permanently, they must still treat them with basic human decency, as all people are created in the image of Hashem.
  • The Talmud (Kiddushin 22a) discusses the ethical implications, teaching that one who acquires a Jewish servant effectively acquires a "master over himself," as the master is obligated to provide for the servant's needs and treat him as an equal.

Moral and Ethical Lessons

The verse underscores the Torah's dual emphasis on social justice and national identity. While permitting slavery under regulated conditions for non-Jews (a common institution in antiquity), it strictly forbids exploiting fellow Jews, reinforcing the principle of "כל ישראל ערבים זה לזה" ("all Jews are responsible for one another"). The Kli Yakar (Vayikra 25:46) adds that this law teaches compassion, as Jews—having experienced slavery in Egypt—must be especially sensitive to the suffering of others.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 61b
The verse is referenced in a discussion about the ethical treatment of slaves and the prohibition against harsh treatment of fellow Israelites.
📖 Kiddushin 22a
The verse is cited in the context of laws regarding the acquisition and treatment of Hebrew slaves, emphasizing the prohibition against rigorous labor.

Frequently Asked Questions

Q: What does Leviticus 25:46 mean about inheriting slaves?
A: Leviticus 25:46 discusses the laws regarding non-Jewish slaves (Canaanite servants) who could be inherited by one's children as permanent bondsmen, unlike Jewish indentured servants who were to be freed in the Jubilee year. Rashi explains that this verse emphasizes the distinction between how we treat non-Jewish slaves versus our fellow Jews, who must never be treated harshly (Vayikra 25:46 with Rashi).
Q: Why does the Torah allow keeping non-Jewish slaves permanently?
A: The Torah permits keeping non-Jewish slaves permanently under specific conditions (as derived from Leviticus 25:46) because they were from nations that did not accept the Noahide laws. However, Rambam (Hilchos Avadim 9:8) teaches that even non-Jewish slaves must be treated with kindness and fairness, and masters are obligated to provide for their well-being.
Q: What does 'not ruling over your brother with rigor' mean in Leviticus 25:46?
A: The phrase 'you shall not rule over your brother with rigor' (Leviticus 25:46) teaches that Jewish indentured servants must be treated with dignity and compassion. The Talmud (Kiddushin 20a) explains that a master cannot assign demeaning or unnecessarily harsh labor to a Jewish servant, as they are considered 'your brothers' in Bnei Yisrael.
Q: How does Leviticus 25:46 apply to ethical treatment of workers today?
A: While the specific laws of slavery no longer apply today, Leviticus 25:46 teaches timeless principles about ethical treatment of others. The Sefer Hachinuch (Mitzvah 346) derives from this verse that employers must treat workers fairly, avoiding exploitation or harsh conditions, especially when dealing with fellow Jews. This reflects the Torah's emphasis on compassion in all interpersonal relationships.
Q: What is the difference between Jewish and non-Jewish slaves in Leviticus 25:46?
A: Leviticus 25:46 distinguishes between non-Jewish slaves (who could be kept permanently) and Jewish indentured servants (who had to be freed). The Sifra (Behar 7:5) explains that Jewish servants were to be treated as temporary workers, not as property, and could never be subjected to the same permanent status as non-Jewish slaves. This reflects the Torah's special concern for the dignity of every Jew.