Exodus 21:3 - Slave's freedom: alone or married?

Exodus 21:3 - שמות 21:3

Hebrew Text

אִם־בְּגַפּוֹ יָבֹא בְּגַפּוֹ יֵצֵא אִם־בַּעַל אִשָּׁה הוּא וְיָצְאָה אִשְׁתּוֹ עִמּוֹ׃

English Translation

If he came in by himself, he shall go out by himself: if he is married, then his wife shall go out with him.

Transliteration

Im-b'gapo yavo b'gapo yetze im-ba'al isha hu v'yatz'a ishto imo.

Hebrew Leining Text

אִם־בְּגַפּ֥וֹ יָבֹ֖א בְּגַפּ֣וֹ יֵצֵ֑א אִם־בַּ֤עַל אִשָּׁה֙ ה֔וּא וְיָצְאָ֥ה אִשְׁתּ֖וֹ עִמּֽוֹ׃

Parasha Commentary

Context in Shemot (Exodus 21:3)

This verse appears in Parashat Mishpatim, detailing the laws concerning an Eved Ivri (Hebrew indentured servant). The Torah outlines the conditions under which a servant may leave his master's household—either after six years of service or during the Yovel (Jubilee) year. This particular verse specifies whether the servant departs alone or with his wife.

Rashi's Explanation

Rashi (Exodus 21:3) clarifies that the phrase "בְּגַפּוֹ יָבֹא בְּגַפּוֹ יֵצֵא" ("if he came in by himself, he shall go out by himself") refers to a servant who entered servitude unmarried. If he later marries while in servitude, his wife and any children remain the property of the master. Conversely, if he was already married when he entered servitude ("בַּעַל אִשָּׁה"), his wife leaves with him upon his release.

Ibn Ezra's Insight

Ibn Ezra adds that this law emphasizes fairness—the master does not gain permanent ownership over the servant’s pre-existing family. However, any wife or children acquired during servitude are bound to the master’s household, as they were provided for under his domain.

Halachic Implications (Rambam)

Rambam (Hilchot Avadim 2:3) codifies this law, ruling that a servant’s original marital status determines whether his wife departs with him. This distinction ensures that servitude does not permanently disrupt pre-existing family bonds, while acknowledging the master’s rights over dependents acquired during the term of service.

Midrashic Perspective

The Mechilta (on Shemot 21:3) highlights the ethical dimension: Hashem ensures that a servant’s inherent dignity is preserved by safeguarding his original family unit. This aligns with the broader Torah principle that even in servitude, fundamental human relationships must be respected.

Key Takeaways

  • A servant who entered unmarried leaves without a wife or children if he acquired them during servitude.
  • A servant who was married before servitude departs with his original wife.
  • The law balances the master’s rights with the preservation of the servant’s familial integrity.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Kiddushin 6b
The verse is referenced in a discussion about the obligations of a master towards his Hebrew servant, particularly concerning the provision of a wife and the implications of the servant's marital status upon release.
📖 Gittin 41a
This verse is cited in the context of discussing the laws pertaining to Hebrew slaves and their release, emphasizing the conditions under which a slave's wife is included in his release.

Frequently Asked Questions

Q: What does Exodus 21:3 mean about a Hebrew servant going free?
A: Exodus 21:3 discusses the laws of a Hebrew servant (eved Ivri). If the servant entered servitude alone (without a wife), he leaves alone when his term ends. But if he was married when he became a servant, his wife leaves with him. This shows the Torah's concern for family unity, ensuring a married servant doesn't lose his spouse due to servitude (Rashi, Ibn Ezra).
Q: Why does the Torah specify whether a servant is married or single in Exodus 21:3?
A: The Torah specifies this to teach that servitude shouldn't break apart families. If a man entered servitude with a wife, his master couldn't keep her when his term ended. This law protects the sanctity of marriage and prevents additional hardship (Mechilta, Rambam Hilchos Avadim 2:12).
Q: How does Exodus 21:3 apply to Jewish law today?
A: While Hebrew servitude isn't practiced today, this verse teaches enduring principles about workers' rights and family protection. Jewish law (Halacha) derives from this that employers must respect employees' family lives and not impose conditions that separate families (Sefer HaChinuch 42, Choshen Mishpat 333).
Q: What's the difference between a servant coming 'by himself' vs. 'with a wife' in Exodus 21:3?
A: The distinction shows whether the master provided a wife during servitude. If the servant entered single ('by himself'), any wife given by the master stays with the master upon release (as per Exodus 21:4). But if he was already married when becoming a servant, his original wife leaves with him (Rashi, Mechilta).
Q: Does Exodus 21:3 mean a master can't marry off his servant?
A: No, a master could arrange a marriage for a single servant (as addressed in Exodus 21:4), but this verse clarifies that such marriages have different status than pre-existing marriages. The Torah prioritizes preserving original family bonds over master-arranged unions (Talmud Kiddushin 20a, Rambam Hilchos Avadim 3:12).

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