The commandment of designation of a Hebrew bondwoman: To designate a Hebrew bondwoman, meaning to say that the Israelite that acquired a Hebrew bondwoman marry her as a wife or give her to his son as a wife, as it is stated (Exodus 21:8), “If she is bad in the eyes of her master, who designated her for himself, he must let her be redeemed.” And they, may their memory be blessed, said (Rashi on Exodus 21:8) that here is a hint for you that there is a commandment of designation. And they, may their memory be blessed, explicitly said (Bekhorot 19a) that the commandment of designation takes precedence to the commandment of redemption.
It is from the roots of this commandment that God had mercy on the poor one that is sold and upon her father who needed to sell her. And [so] He commanded the one who acquires her to marry her as a wife and to make her a patroness — as He is a graceful and merciful God. And if the acquirer does not want her for himself, [he is commanded] to marry her to his son, as she will also be happy and rejoice [to be married] to the son of her master; or — in any event — to reduce her redemption [price] and help her that she should go out from slavery. And, in any case, he should not cause her to stay under his hand until the time of her sale [is completed] — even if her work is very [good] in his eyes. And all of this is from the kindnesses of God upon His creatures and from His elevated traits.
The laws of the commandment — for example, until when the daughter can be sold; that she cannot be sold by her master, meaning to say that even if he transgressed and sold her, his sale is nothing (ineffective); that the father can sell her several times; the things for which she is sold and those for which she goes free and how many more ways out she has than the [male] slave; the law of the girl who has just become an adult (bogeret); the time of [waiting before determining a woman to be] a sterile woman; and the rest of its details — are [all] elucidated in the first [chapter] of Kiddushin.
And [it] is only practiced at the time that the Jubilee is practiced (Gittin 65a). And one who transgresses it and does not designate her — not for him, and not for his son — and does not help with her redemption, has not performed this commandment. However it appears that we do not coerce him about the fulfillment of this commandment; as behold, it is written there explicitly (Exodus 21:11), “And if he does not do these three to her.” [From here,] it is implied that the Torah left the thing up to his will. But if he married her as a wife or married her to his son, as we have written, he has done what is fitting. And a blessing will come upon him and good and proper children are fitting to come from their union.
מִצְוַת יִעוּד שֶׁל אָמָה הָעִבְרִיָּה – לְיַעֵד אָמָה הָעִבְרִיָּה, כְּלוֹמַר שֶׁאוֹתוֹ יִשְׂרָאֵל שֶׁקָּנָה אָמָה הָעִבְרִיָּה שֶׁיִּשָּׂאֶנָּה לוֹ לְאִשָּׁה אוֹ יִתְּנֶנָּה לִבְנוֹ לְאִשָּׁה, שֶׁנֶּאֱמַר (שמות כא ח) אִם רָעָה בְּעֵינֵי אֲדֹנֶיהָ אֲשֶׁר לוֹ יְעָדָהּ וְהֶפְדָּהּ, וְאָמְרוּ ז"ל (רש"י שם) כָּאן רָמַז לְךָ שֶׁמִּצְוָה בְּיִעוּד. וּבְפֵרוּשׁ אָמְרוּ ז"ל (בכורות יט א) מִצְוַת יִעוּד קוֹדֶמֶת לְמִצְוַת פְּדִיָּה.
The commandment of designation of a Hebrew bondwoman: To designate a Hebrew bondwoman, meaning to say that the Israelite that acquired a Hebrew bondwoman marry her as a wife or give her to his son as a wife, as it is stated (Exodus 21:8), “If she is bad in the eyes of her master, who designated her for himself, he must let her be redeemed.” And they, may their memory be blessed, said (Rashi on Exodus 21:8) that here is a hint for you that there is a commandment of designation. And they, may their memory be blessed, explicitly said (Bekhorot 19a) that the commandment of designation takes precedence to the commandment of redemption.
מִשָּׁרְשֵׁי מִצְוָה זוֹ, שֶׁרִחֵם הָאֵל עַל הָעֲנִיָּה הַנִּמְכֶּרֶת וְעַל אָבִיהָ שֶׁנִּצְטָרֵךְ לְמָכְרָהּ, וְצִוָּה אֶת הַקּוֹנֶה אוֹתָהּ לִשָּׂא אוֹתָהּ לְאִשָּׁה וְלַעֲשׂוֹתָהּ גְּבֶרֶת, כִּי אֵל חַנּוּן וְרַחוּם הוּא. וְאִם אֵין הַקּוֹנֶה חָפֵץ בָּהּ לְעַצְמוֹ, שֶׁיַּשִּׁיאֶנָּה לִבְנוֹ, כִּי גַּם עִם בֶּן אֲדוֹנֶיהָ תִּשְׂמַח וְתָגֵל, אוֹ שֶׁיִּגְרַע מִפִּדְיוֹנָהּ מִכָּל מָקוֹם וִיסַיְּעֶנָּה שֶׁתֵּצֵא מֵעַבְדוּת, וְלֹא שֶׁיִּגְרֹם עַל כָּל פָּנִים שֶׁתַּעֲמֹד תַּחַת יָדוֹ עַד זְמַן הַמֶּכֶר גַּם אִם יְשָׁרָה בְּעֵינָיו עֲבוֹדָתָהּ הַרְבֵּה. וְכָל זֶה מֵחַסְדֵי הָאֵל עַל בְּרוּאָיו וּמִמִּדּוֹתָיו הַמְּעֻלּוֹת.
It is from the roots of this commandment that God had mercy on the poor one that is sold and upon her father who needed to sell her. And [so] He commanded the one who acquires her to marry her as a wife and to make her a patroness — as He is a graceful and merciful God. And if the acquirer does not want her for himself, [he is commanded] to marry her to his son, as she will also be happy and rejoice [to be married] to the son of her master; or — in any event — to reduce her redemption [price] and help her that she should go out from slavery. And, in any case, he should not cause her to stay under his hand until the time of her sale [is completed] — even if her work is very [good] in his eyes. And all of this is from the kindnesses of God upon His creatures and from His elevated traits.
דִּינֵי הַמִּצְוָה, כְּגוֹן עַד מָתַי הַבַּת נִמְכֶּרֶת, וְשֶׁאֵינָהּ נִמְכֶּרֶת עַל יְדֵי אָדוֹן, כְּלוֹמַר וַאֲפִלּוּ עָבַר וּמְכָרָהּ אֵין הַמְּכִירָה כְּלוּם, וְשֶׁהָאָב יָכוֹל לְמָכְרָהּ כַּמָּה פְּעָמִים, הַדְּבָרִים שֶׁהִיא נִקְנֵית בָּהֶן, וְשֶׁהִיא יוֹצֵאת בָּהֶן לְחֵרוּת, וּבְכַמָּה יְצִיאוֹת הִיא יְתֵרָה עַל הָעֶבֶד, וְדִינֵי הַבּוֹגֶרֶת, וּזְמַן הָאַיְלוֹנִית, וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בָּרִאשׁוֹן שֶׁל קִדּוּשִׁין (יד ב)
The laws of the commandment — for example, until when the daughter can be sold; that she cannot be sold by her master, meaning to say that even if he transgressed and sold her, his sale is nothing (ineffective); that the father can sell her several times; the things for which she is sold and those for which she goes free and how many more ways out she has than the [male] slave; the law of the girl who has just become an adult (bogeret); the time of [waiting before determining a woman to be] a sterile woman; and the rest of its details — are [all] elucidated in the first [chapter] of Kiddushin.
וְנוֹהֶגֶת בִּזְמַן שֶׁהַיּוֹבֵל נוֹהֵג דַּוְקָא. (גיטין סה, א) וְהָעוֹבֵר עָלֶיהָ וְלֹא יְעָדָהּ לֹא לוֹ וְלֹא לִבְנוֹ וְלֹא סִיַּע בְּפִדְיוֹנָהּ, לֹא קִיֵּם מִצְוָה זוֹ, אֲבָל אֵין לְכוּפוֹ לְפִי הַדּוֹמֶה עַל קִיּוּם מִצְוָה זוֹ, שֶׁהֲרֵי כָּתוּב שָׁם בְּפֵרוּשׁ (שם יא) וְאִם שְׁלָשׁ אֵלֶּה לֹא יַעֲשֶׂה לָהּ, מִכְּלָל שֶׁהַתּוֹרָה הִנִּיחָה הַדָּבָר בִּרְצוֹנוֹ. וְאִם נְשָׂאָהּ לְאִשָּׁה אוֹ הִשִּׂיאָהּ לִבְנוֹ כְּמוֹ שֶׁכָּתַבְנוּ, עָשָׂה כָּרָאוּי וְתָבֹא עָלָיו בְּרָכָה, וּבָנִים טוֹבִים וּכְשֵׁרִים רְאוּיִים לָצֵאת מִזִּוּוּגָם.
And [it] is only practiced at the time that the Jubilee is practiced (Gittin 65a). And one who transgresses it and does not designate her — not for him, and not for his son — and does not help with her redemption, has not performed this commandment. However it appears that we do not coerce him about the fulfillment of this commandment; as behold, it is written there explicitly (Exodus 21:11), “And if he does not do these three to her.” [From here,] it is implied that the Torah left the thing up to his will. But if he married her as a wife or married her to his son, as we have written, he has done what is fitting. And a blessing will come upon him and good and proper children are fitting to come from their union.