That we not make a Hebrew slave perform demeaning work, like the work of a Canaanite (gentile) slave: That we not make a Hebrew slave perform work that is very demeaning and humiliating, which is the way to make a Canaanite slave work — as it is written (Leviticus 25:39), “do not have him work with the work of a slave.” And they, may their memory be blessed, said in Sifra, Behar, Chapter 7:2 in explanation of this matter, “He should not carry your cushion” (see Sefer HaMitzvot, Negative Commandments 257) — which is a small cloth that people make to sit upon in every place if they tire — and it is the way of a demeaned slave to take this [item] and carry it behind his master. And they said likewise (Sifra, Behar, Chapter 7:2), “Nor should he carry his vessels in front of him into the bathhouse.” And they, may their memory be blessed, elucidated these types of work, and the law is the same for anything that is similar to them. It comes out that a person should be mindful of which type of work he orders his Hebrew slave to perform. And this is part of the principle which they, may their memory be blessed, said (Kiddushin 22a), “Anyone who acquires a Hebrew slave is like he has acquired a master for himself.” Nonetheless, from that which the verse states (Leviticus 25:40), “Like a laborer, like a boarder shall he be with you,” it should be learned that a man may command him to do anything that it is the way of people to command a laborer or a boarder. And truthfully, a laborer — who is a free man — is usually not employed for degrading work; and likewise a boarder — who is a man who comes to live in a different land. And the way of boarders is to do the work of the homeowner with whom they are living, from their [own] will — therefore [a householder] will not do very demeaning work with him. And hence Scripture stated, “Like a laborer, like a boarder shall he be with you,” because these two men — even though they do work — their work is not usually demeaning work. Still, the slave must behave according to the way of a slave and honor his master with all of his might, and not become haughty with all that we have said.
It is from the roots of the commandment [that it is] so that a person place upon his heart that our nation is the most honored of all of them. And through that, he will love his people and his Torah. And he will also place upon his heart, that just as this slave was sold because of his desperation, so is it possible that the same could happen to the one who acquires him, or to one of his sons — if [their] sin causes it to them. And through honoring his slave, he will certainly think this thought; and through this thought he will be careful from sinning to God. And there is another purpose in the thing — that a man learn the traits of kindness and mercy, and distance himself from the evil trait of cruelty. And by preparing his soul for goodness, it will receive good — [as] God wishes to bestow from His blessings on His creations, as I have written many times before in previous commandments.
The laws of the commandment: That which they, may their memory be blessed, were exacting about in the first chapter of Kiddushin 22b from that which the verse stated (Deuteronomy 15:16), “for it is good for him with you” — “‘With you’ regarding food, ‘with you’ regarding drink; that you should not eat refined bread and he eat coarse bread, nor should you drink aged wine and he drink unaged wine, nor should you sleep on pillows and he sleep on straw.” They, may their memory be blessed, likewise said (Sifra, Behar, Chapter 7:3) that the master should not live in the town and the slave in the village, as it is stated (Leviticus 25:41), “And he shall leave from with you.” And the rest of its details are in the Sifra and in Kiddushin. (See Tur, Yoreh Deah 267.)
And [it] is practiced by males and females at the time that the Jubilee is practiced; and I have already written when the Jubilee is practiced at the beginning of the Order (Sefer HaChinukh 330). And even though it is not fitting for a woman to acquire a slave on account of suspicion, she is still included in the commandment nonetheless. And if one transgressed this commandment and had his Hebrew slave do degrading work, he has violated this negative commandment. Though from what it appears, there is no liability for lashes — as there is no act [involved] with it; since a slave is disciplined with words to get him to do work — [whether] demeaning or honorable. And I already wrote above (Sefer HaChinukh 241) that any negative commandment that can be transgressed without an act — even if he does any act with it, he should still not be made liable for lashes; as it is still termed a negative commandment without an act. This is my approach — it is clear in my eyes.
שֶׁלֹּא נַעֲבֹד בְּעֶבֶד עִבְרִי עֲבֹדַת בִּזָּיוֹן כְּמוֹ עֲבֹדַת כְּנַעֲנִי – שֶׁלֹּא נַעֲבֹד בְּעֶבֶד עִבְרִי בַּעֲבֹדָה שֶׁיֵּשׁ בָּהּ בִּזָּיוֹן גָּדוֹל וְהַכְנָעָה שֶׁדֶּרֶךְ לַעֲבֹד כֵּן בְּעֶבֶד כְּנַעֲנִי. שֶׁנֶּאֱמַר (ויקרא כה לט) לֹא תַעֲבֹד בּוֹ עֲבֹדַת עָבֶד. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה בַּסִּפְרָא (בהר ז ב) בְּפֵרוּשׁ עִנְיָן זֶה. שֶׁלֹּא יִטֹּל אַחֲרֶיךָ בְּלִינְטָא (עיין סהמצ"מ ל"ת רנז) וְהוּא כְּלִי שֶׁל בֶּגֶד קָטָן שֶׁעוֹשִׂין בְּנֵי אָדָם לֵישֵׁב עָלָיו בְּכָל מָקוֹם שֶׁהֵם כְּשֶׁהֵם יְגֵעִים, וְדֶרֶךְ הָעֶבֶד הַנִּבְזֶה שֶׁנּוֹטֵל אוֹתוֹ כְּלִי וּמוֹלִיכוֹ אַחַר אֲדוֹנָיו, וּכְמוֹ כֵן אָמְרוּ (שם) וְלֹא יִטֹּל לְפָנָיו כֵּלִים לְבֵית הַמֶּרְחָץ, וְהֵם זִכְרוֹנָם לִבְרָכָה בֵּאֲרוּ אֵלּוּ הַמְּלָאכוֹת, וְהוּא הַדִּין שֶׁנִּלְמַד מֵהֶן לְכָל כַּיּוֹצֵא בָּהֶן. נִמְצָא, שֶׁיֵּשׁ לוֹ לָאָדָם שֶׁיִּתֵּן אֶל לִבּוֹ אֵיזוֹ מְלָאכָה יְצַוֶּה לְעַבְדּוֹ עִבְרִי, וְזֶהוּ מִכְּלַל מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (קדושין כב, א) כָּל הַקּוֹנֶה עֶבֶד עִבְרִי כְּקוֹנֶה אָדוֹן לְעַצְמוֹ. וּמִכָּל מָקוֹם מָה שֶׁאָמַר הַכָּתוּב כְּשָׂכִיר כְּתוֹשָׁב יִהְיֶה עִמָּךְ, יֵשׁ לִלְמֹד שֶׁיָּכוֹל אָדָם לְצַוּוֹתוֹ בְּכָל הַדְּבָרִים שֶׁדֶּרֶךְ בְּנֵי אָדָם לְצַוּוֹת הַשָּׂכִיר וְהַתּוֹשָׁב. וּבֶאֱמֶת, הַשָּׂכִיר שֶׁהוּא אָדָם בֶּן חוֹרִין, בָּרֹב אֵינֶנּוּ נִשְׂכָּר לִמְלָאכָה בְּזוּיָה, וּכְמוֹ כֵן הַתּוֹשָׁב שֶׁהוּא אָדָם שֶׁבָּא לָגוּר בְּאֶרֶץ אַחֶרֶת, וְדַרְכָּן שֶׁל תּוֹשָׁבִים לַעֲבֹד בַּעַל הַבַּיִת שֶׁהֵם מִתְגּוֹרְרִים עִמּוֹ לִרְצוֹנָם, וְעַל כֵּן לֹא יַעֲשֶׂה עִמּוֹ מְלָאכָה בְּזוּיָה בְּיוֹתֵר, וְעַל כֵּן אָמַר הַכָּתוּב כְּשָׂכִיר כְּתוֹשָׁב יִהְיֶה עִמָּךְ שֶׁשְּׁנֵי אֲנָשִׁים אֵלּוּ, אַף עַל פִּי שֶׁהֵם עוֹבְדִים אֵין עֲבֹדָתָם עֲבֹדָה בְּזוּיָה בְּרֹב הַפְּעָמִים. וְאַף עַל פִּי כֵן צָרִיךְ הָעֶבֶד לִנְהֹג בְּעַצְמוֹ מִנְהַג עַבְדוּת וִיכַבֵּד אֲדוֹנָיו בְּכָל כֹּחוֹ, וְלֹא יִתְגָּאֶה בְּכָל זֶה שֶׁאָמַרְנוּ.
That we not make a Hebrew slave perform demeaning work, like the work of a Canaanite (gentile) slave: That we not make a Hebrew slave perform work that is very demeaning and humiliating, which is the way to make a Canaanite slave work — as it is written (Leviticus 25:39), “do not have him work with the work of a slave.” And they, may their memory be blessed, said in Sifra, Behar, Chapter 7:2 in explanation of this matter, “He should not carry your cushion” (see Sefer HaMitzvot, Negative Commandments 257) — which is a small cloth that people make to sit upon in every place if they tire — and it is the way of a demeaned slave to take this [item] and carry it behind his master. And they said likewise (Sifra, Behar, Chapter 7:2), “Nor should he carry his vessels in front of him into the bathhouse.” And they, may their memory be blessed, elucidated these types of work, and the law is the same for anything that is similar to them. It comes out that a person should be mindful of which type of work he orders his Hebrew slave to perform. And this is part of the principle which they, may their memory be blessed, said (Kiddushin 22a), “Anyone who acquires a Hebrew slave is like he has acquired a master for himself.” Nonetheless, from that which the verse states (Leviticus 25:40), “Like a laborer, like a boarder shall he be with you,” it should be learned that a man may command him to do anything that it is the way of people to command a laborer or a boarder. And truthfully, a laborer — who is a free man — is usually not employed for degrading work; and likewise a boarder — who is a man who comes to live in a different land. And the way of boarders is to do the work of the homeowner with whom they are living, from their [own] will — therefore [a householder] will not do very demeaning work with him. And hence Scripture stated, “Like a laborer, like a boarder shall he be with you,” because these two men — even though they do work — their work is not usually demeaning work. Still, the slave must behave according to the way of a slave and honor his master with all of his might, and not become haughty with all that we have said.
מִשָּׁרְשֵׁי הַמִּצְוָה. כְּדֵי שֶׁיִּתֵּן הָאָדָם אֶל לִבּוֹ, כִּי הָאֻמָּה שֶׁלָּנוּ הִיא הַנִּכְבֶּדֶת מִכֻּלָּן, וּמִתּוֹךְ כָּךְ יֹאהַב אֻמָּתוֹ וְתוֹרָתוֹ, וְיִתֵּן אֶל לִבּוֹ גַּם כֵּן, כִּי כְּמוֹ שֶׁזֶּה הָעֶבֶד הָעִבְרִי נִמְכַּר לוֹ מִפְּנֵי דָּחְקוֹ, כָּךְ אֶפְשָׁר שֶׁיִּקְרֶה לַקּוֹנֶה אוֹתוֹ, אוֹ לְאֶחָד מִבָּנָיו אִם יִגְרֹם לָהֶם הַחֵטְא, וּבְכַבְּדוֹ עַבְדּוֹ יַחְשֹׁב מַחְשָׁבָה זוֹ בְּלִי סָפֵק, וּמִתּוֹךְ מַחְשַׁבְתּוֹ זֹאת, יִזָּהֵר מֵחֲטֹא לַשֵּׁם. וְעוֹד תּוֹעֶלֶת אַחֶרֶת בַּדָּבָר, שֶׁיְּלַמֵּד הָאָדָם נַפְשׁוֹ בְּמִדַּת הַחֶסֶד וְהָרַחֲמִים, וְיִתְרַחֵק מִמִּדַּת הָאַכְזָרִיּוּת הָרָעָה, וּבְהָכִין נַפְשׁוֹ אֶל הַטּוֹבָה תְּקַבֵּל הַטּוֹב, וְהַשֵּׁם חָפֵץ לְהַעֲנִיק מִבִּרְכוֹתָיו אֶל בְּרִיּוֹתָיו, כְּמוֹ שֶׁכָּתַבְתִּי פְּעָמִים הַרְבֵּה בַּמִּצְוֹת הַקּוֹדְמוֹת.
It is from the roots of the commandment [that it is] so that a person place upon his heart that our nation is the most honored of all of them. And through that, he will love his people and his Torah. And he will also place upon his heart, that just as this slave was sold because of his desperation, so is it possible that the same could happen to the one who acquires him, or to one of his sons — if [their] sin causes it to them. And through honoring his slave, he will certainly think this thought; and through this thought he will be careful from sinning to God. And there is another purpose in the thing — that a man learn the traits of kindness and mercy, and distance himself from the evil trait of cruelty. And by preparing his soul for goodness, it will receive good — [as] God wishes to bestow from His blessings on His creations, as I have written many times before in previous commandments.
דִּינֵי הַמִּצְוָה. מָה שֶׁדִּקְדְּקוּ זִכְרוֹנָם לִבְרָכָה פֶּרֶק קַמָּא דְּקִדּוּשִׁין (כב ב), מִמַּה שֶּׁאָמַר הַכָּתוּב (דברים טו טז), כִּי טוֹב לוֹ עִמָּךְ, עִמְּךָ בְּמַאֲכָל וְעִמְּךָ בְּמִשְׁתֶּה, שֶׁלֹּא תְּהֵא אַתָּה אוֹכֵל פַּת נְקִיָּה וְהוּא אוֹכֵל פַּת קִבָּר, אַתָּה שׁוֹתֶה יַיִן יָשָׁן וְהוּא שׁוֹתֶה יַיִן חָדָשׁ, אַתָּה יָשֵׁן עַל גַּבֵּי מוֹכִין וְהוּא יָשֵׁן עַל גַּבֵּי הַתֶּבֶן. וְכֵן אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ספרא ז ג) שֶׁלֹּא יָדוּר הָאָדוֹן בִּכְרַךְ, וְהָעֶבֶד בִּכְפָר, שֶׁנֶּאֱמַר (ויקרא כה מא) "וְיָצָא מֵעִמָּךְ". וְיֶתֶר פְּרָטֶיהָ בַּסִּפְרָא וּבְקִדּוּשִׁין [יו"ד סימן רסז].
The laws of the commandment: That which they, may their memory be blessed, were exacting about in the first chapter of Kiddushin 22b from that which the verse stated (Deuteronomy 15:16), “for it is good for him with you” — “‘With you’ regarding food, ‘with you’ regarding drink; that you should not eat refined bread and he eat coarse bread, nor should you drink aged wine and he drink unaged wine, nor should you sleep on pillows and he sleep on straw.” They, may their memory be blessed, likewise said (Sifra, Behar, Chapter 7:3) that the master should not live in the town and the slave in the village, as it is stated (Leviticus 25:41), “And he shall leave from with you.” And the rest of its details are in the Sifra and in Kiddushin. (See Tur, Yoreh Deah 267.)
וְנוֹהֶגֶת בִּזְכָרִים וּנְקֵבוֹת בִּזְמַן שֶׁהַיּוֹבֵל נוֹהֵג. וּכְבָר כָּתַבְתִּי בְּרֹאשׁ הַסֵּדֶר (מצוה של) בְּאֵיזֶה זְמַן הַיּוֹבֵל נוֹהֵג. וְאַף עַל פִּי שֶׁאֵין רָאוּי לָאִשָּׁה שֶׁתִּקְנֶה עֶבֶד מִפְּנֵי הַחֲשָׁד בִּכְלַל הַמִּצְוָה הִיא מִכָּל מָקוֹם. וְהָעוֹבֵר עַל מִצְוָה זוֹ וְעָבַד בְּעֶבֶד עִבְרִי בַּעֲבוֹדוֹת הַבְּזוּיוֹת עָבַר עַל לָאו זֶה, אֲבָל מִן הַדּוֹמֶה שֶׁאֵין בָּזֶה חִיּוּב מַלְקוּת, לְפִי שֶׁאֵין בּוֹ מַעֲשֶׂה, כִּי בִּדְבָרִים יִוָּסֶר עֶבֶד לַעֲשׂוֹת מְלַאכְתּוֹ בְּזוּיָה אוֹ נִכְבֶּדֶת, וּכְבָר כָּתַבְתִּי לְמַעְלָה (מצוה רמא) כִּי כָּל לָאו שֶׁאֶפְשָׁר לַעֲבֹר עָלָיו מִבְּלִי מַעֲשֶׂה, אַף עַל פִּי שֶׁנַּעֲשָׂה בּוֹ שׁוּם מַעֲשֶׂה שֶׁאֵין לְחַיְּבוֹ מַלְקוּת עָלָיו, דְּלָאו שֶׁאֵין בּוֹ מַעֲשֶׂה נִקְרָא מִכָּל מָקוֹם; זֶה דַּרְכִּי זָךְ בְּעֵינַי.
And [it] is practiced by males and females at the time that the Jubilee is practiced; and I have already written when the Jubilee is practiced at the beginning of the Order (Sefer HaChinukh 330). And even though it is not fitting for a woman to acquire a slave on account of suspicion, she is still included in the commandment nonetheless. And if one transgressed this commandment and had his Hebrew slave do degrading work, he has violated this negative commandment. Though from what it appears, there is no liability for lashes — as there is no act [involved] with it; since a slave is disciplined with words to get him to do work — [whether] demeaning or honorable. And I already wrote above (Sefer HaChinukh 241) that any negative commandment that can be transgressed without an act — even if he does any act with it, he should still not be made liable for lashes; as it is still termed a negative commandment without an act. This is my approach — it is clear in my eyes.