Not to turn over a slave that fled from his master: That we have been prevented from returning a slave that fled from his master outside of the Land, [who came] to the Land of Israel. (See Sefer HaMitzvot, Negative Commandments 254.) And even if his master is an Israelite, we do not return [the slave] to him. But [rather], we free him and write down his value as a debt on himself. And about this is it stated, (Deuteronomy 23:16), “You shall not turn over a slave to his master.” And so is it elucidated in Tractate Gittin 45a, that the verse is speaking about a slave that fled from outside of the Land to the Land of Israel. And they said there that the law about him is that we write a contract with his value [as a debt] for him and we [also] write a contract of [his] freedom; and that we not return him to slavery in any way — since he entered the chosen valley of purity to serve God, may He be blessed, there.
That which we mentioned is from the roots of this commandment — that God wanted for the honor of the Land, that one who flees to there be saved from slavery; in order that we place the honor of the place into our hearts and fix the awe of God, may He be elevated, into our hearts, when we are there. And all of this is to help His people and to give them merit, as He is one Who desires kindness.
And this commandment is practiced even in our day by males and females, as all are warned not to return him to his master, since he has fled to the Chosen Land. And one who transgresses this and seizes him and returns him to his master, has violated this negative commandment. But according to what appears, there is no obligation for [getting] lashes, since the obligation is only when he returns him to slavery; and maybe his master will no longer enslave him — and we do not give lashes, [in the case] of a doubt.
שֶׁלֹּא לְהַסְגִּיר עֶבֶד שֶׁבָּרַח אֶל אֲדוֹנָיו – שֶׁנִּמְנַעְנוּ (עי' רמב"ם ספהמ"צ ל"ת רנד) שֶׁלֹּא לְהָשִׁיב עֶבֶד שֶׁבָּרַח מֵאֲדֹנָיו מֵחוּצָה לָאָרֶץ לְאֶרֶץ יִשְׂרָאֵל, וַאֲפִלּוּ אֲדוֹנָיו יִשְׂרָאֵל, לֹא נְשִׁיבֵהוּ אֵלָיו, אֲבָל נְשַׁחְרֵר אוֹתוֹ וְנִכְתֹּב בְּדָמָיו חוֹב עַל עַצְמוֹ, וְעַל זֶה נֶאֱמַר (דברים כג טז) לֹא תַסְגִּיר עֶבֶד אֶל אֲדֹנָיו, וְכֵן הוּא מְבֹאָר בְּמַסֶּכֶת גִּטִּין (מה, א), שֶׁבְּעֶבֶד שֶׁבָּרַח מֵחוּצָה לָאָרֶץ לְאֶרֶץ יִשְׂרָאֵל הַכָּתוּב מְדַבֵּר. וְאָמְרוּ שָׁם, שֶׁהַדִּין בּוֹ, שֶׁנִּכְתֹּב שְׁטַר בְּדָמָיו עָלָיו וְנִכְתֹּב לוֹ גֵּט חֵרוּת, וְלֹא נְשִׁיבֵהוּ לָעֲבוֹדָה בְּשׁוּם פָּנִים, בַּעֲבוּר שֶׁנִּכְנַס בַּבִּקְעָה הַטְּהוֹרָה הַנִּבְחֶרֶת לַעֲבֹד בָּהּ הַשֵּׁם יִתְבָּרַךְ.
Not to turn over a slave that fled from his master: That we have been prevented from returning a slave that fled from his master outside of the Land, [who came] to the Land of Israel. (See Sefer HaMitzvot, Negative Commandments 254.) And even if his master is an Israelite, we do not return [the slave] to him. But [rather], we free him and write down his value as a debt on himself. And about this is it stated, (Deuteronomy 23:16), “You shall not turn over a slave to his master.” And so is it elucidated in Tractate Gittin 45a, that the verse is speaking about a slave that fled from outside of the Land to the Land of Israel. And they said there that the law about him is that we write a contract with his value [as a debt] for him and we [also] write a contract of [his] freedom; and that we not return him to slavery in any way — since he entered the chosen valley of purity to serve God, may He be blessed, there.
מִשָּׁרְשֵׁי הַמִּצְוָה. מָה שֶׁזָּכַרְנוּ שֶׁרָצָה הָאֵל לִכְבוֹד הָאָרֶץ שֶׁהַבּוֹרֵחַ לְשָׁם יִנָּצֵל מֵעַבְדוּת, כְּדֵי שֶׁנִּתֵּן אֶל לִבֵּנוּ כְּבוֹד הַמָּקוֹם, וְנִקְבַּע בִּלְבָבֵנוּ בִּהְיוֹתֵנוּ שָׁם יִרְאַת הַשֵּׁם יִתְעַלֶּה, וְכָל זֶה לְהוֹעִיל לְעַמּוֹ וּלְזַכּוֹתָם כִּי חָפֵץ חֶסֶד הוּא.
That which we mentioned is from the roots of this commandment — that God wanted for the honor of the Land, that one who flees to there be saved from slavery; in order that we place the honor of the place into our hearts and fix the awe of God, may He be elevated, into our hearts, when we are there. And all of this is to help His people and to give them merit, as He is one Who desires kindness.
דִּינֵי הַמִּצְוָה. מְבֹאָרִים שָׁם בְּמַסֶּכֶת גִּטִּין (שם).
The laws of the commandment are elucidated there in Tractate Gittin.
וְנוֹהֶגֶת מִצְוָה זוֹ אֲפִלּוּ בַּזְּמַן הַזֶּה בִּזְכָרִים וּנְקֵבוֹת, שֶׁהַכֹּל מֻזְהָרִים שֶׁלֹּא לַהֲשִׁיבוֹ אֶל אֲדוֹנָיו אַחַר שֶׁהוּא בּוֹרֵחַ אֶל הָאָרֶץ הַנִּבְחֶרֶת. וְהָעוֹבֵר עַל זֶה וּתְפָשׂוֹ וֶהֱשִׁיבוֹ אֶל אֲדוֹנָיו, עָבַר עַל לָאו זֶה, אֲבָל לְפִי הַדּוֹמֶה שֶׁאֵין בּוֹ חִיּוּב מַלְקוּת, לְפִי שֶׁאֵין הַחִיּוּב אֶלָּא כְּשֶׁמַּחְזִירוֹ לְעַבְדוּת, וְשֶׁמָּא לֹא יַעֲבֹד בּוֹ אֲדוֹנָיו עוֹד, וְאֵין מַלְקִין מִסָּפֵק.
And this commandment is practiced even in our day by males and females, as all are warned not to return him to his master, since he has fled to the Chosen Land. And one who transgresses this and seizes him and returns him to his master, has violated this negative commandment. But according to what appears, there is no obligation for [getting] lashes, since the obligation is only when he returns him to slavery; and maybe his master will no longer enslave him — and we do not give lashes, [in the case] of a doubt.