Exodus 21:27 - Freedom for a tooth?

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Hebrew Text

וְאִם־שֵׁן עַבְדּוֹ אוֹ־שֵׁן אֲמָתוֹ יַפִּיל לַחָפְשִׁי יְשַׁלְּחֶנּוּ תַּחַת שִׁנּוֹ׃

English Translation

And if he strike out his manservant’s tooth, or his maidservant’s tooth; he shall let him go free for his tooth’s sake.

Transliteration

Ve-im shen avdo o-shen amato yapil la-chofshi yeshalchenu tachat shino.

Hebrew Leining Text

וְאִם־שֵׁ֥ן עַבְדּ֛וֹ אֽוֹ־שֵׁ֥ן אֲמָת֖וֹ יַפִּ֑יל לַֽחׇפְשִׁ֥י יְשַׁלְּחֶ֖נּוּ תַּ֥חַת שִׁנּֽוֹ׃ {פ}

Parasha Commentary

Literal Interpretation (Peshat)

The verse (Exodus 21:27) states that if a master strikes out the tooth of his Hebrew manservant or maidservant, the servant must be set free as compensation for the injury. Rashi explains that this law applies specifically to a tooth or an eye (as mentioned in the preceding verse), as these are visible and prominent body parts. The Torah emphasizes the severity of damaging these features, as they are essential for a person's dignity and daily function.

Legal Context (Halacha)

According to the Rambam (Hilchos Avadim 2:12), this law applies to any permanent injury inflicted by the master upon his Hebrew servant. The Talmud (Kiddushin 24a) clarifies that the servant goes free not as a monetary compensation but as a punitive measure against the master for his cruelty. The servant’s freedom is automatic and not contingent upon the master’s consent.

Moral and Ethical Lessons (Derash)

The Midrash (Mechilta Mishpatim 7) highlights the ethical dimension of this law, teaching that even a servant—who is in a subordinate position—retains basic human dignity. Striking out a tooth is not merely a physical injury but an affront to the servant’s humanity. The Torah’s insistence on freedom as restitution underscores the principle that no person may be degraded, regardless of social status.

Broader Implications

Human Dignity: The Sages derive from this verse that bodily harm to another is a severe transgression, warranting significant consequences (Sanhedrin 85a).
Limits of Authority: Even a master’s legal ownership over a servant does not grant him the right to cause permanent harm (Sefer HaChinuch, Mitzvah 42).
Justice Over Property: The Torah prioritizes justice and moral responsibility over property rights, as the master must forfeit his servant despite the financial loss.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Kiddushin 24a

The verse is cited in a discussion about the laws of Hebrew slaves and the conditions under which they must be set free, particularly focusing on the compensation for physical injuries.

📖 Bava Kamma 26b

This verse is referenced in the context of discussing damages and the principle of 'an eye for an eye,' illustrating specific cases where monetary compensation is required instead of physical retribution.

Frequently Asked Questions

Q: What does Exodus 21:27 mean when it says a slave goes free if their tooth is knocked out?
A: This verse teaches that if a Jewish master accidentally or intentionally knocks out a tooth (or other major body part) of their Hebrew servant, the servant must be set free immediately. This shows the Torah's high regard for human dignity - even a servant's body is sacred and cannot be harmed without consequence (Rashi on Exodus 21:26).

Q: Why is losing a tooth specifically mentioned in Exodus 21:27?
A: The tooth is mentioned as an example of visible, permanent damage. The Talmud (Kiddushin 24a) explains this applies to any major limb or organ that won't heal properly. The Torah uses the tooth because it's something everyone can see and understand the significance of losing.

Q: Does Exodus 21:27 apply to all types of servants?
A: No, this law specifically applies to Hebrew servants (Jewish indentured servants) as part of the Torah's system where Jews could work off debts through temporary servitude. It doesn't apply to non-Jewish slaves (Rambam, Hilchos Avadim 2:12). Even so, the Torah sets strict limits on how any servant may be treated.

Q: What lesson can we learn today from Exodus 21:27?
A: This verse teaches us the fundamental Jewish value that every human being - regardless of social status - has inherent dignity. Even in difficult circumstances like servitude, a person's physical wellbeing must be protected. The Talmud (Bava Kamma 83b) derives from this that causing bodily harm to others is always a serious matter.

Q: How was Exodus 21:27 applied in ancient Jewish courts?
A: Jewish courts would examine whether the injury was permanent (like a lost tooth) and whether it was caused intentionally or accidentally. If proven, the servant was immediately freed and the master might face additional penalties (Mechilta on Exodus 21:26-27). This showed society that harming others has real consequences.