Pisqa’ 122¹

1

“And you shall take the awl” (Dt.15:17).

On what basis do I know

to include [among the boring tools]

a thorn, a piece of sharp glass, or a reed-sliver?

For it is said:

“You shall take” (Dt.15:17)–

[any appropriate tool]:

words of R. Yose b. R. Judah.

Rabbi says:

“The awl” (Dt.15:17)—

since the awl is distinguished,

in being made of metal,

I might infer that

[the tool used in the piercing]

can only be made of metal.²

On this basis R. Ishmael would say:³

in three issues the legal tradition

goes beyond what is specified in Scripture.

[Regarding sacrificial slaughter,] the Torah said:

“And you shall spill out its blood and cover it with dirt” (Lv.17:12),

while the legal tradition teaches:

Cover it with anything

that causes vegetation to sprout. ⁴

[Regarding a document of divorce,] the Torah said:

“And he shall write for her a writ of separation” (Dt.24:1),

while the legal tradition teaches:

He may write it on anything

that is detached from the earth.⁵

Finally, the Torah said:

“With an awl” (Ex.21:6),

while the legal tradition teaches:

Pierce the ear with anything [sharp enough].⁶

Rabbi says:

“His owner shall bring him to the door or doorpost” (Ex.21:6)—

he should be standing upright

[so that his ear is level to the doorpost].⁷

2

“Awl” (Dt.15:17)—

this refers to a large awl.

“And you shall take the awl” (Dt.15:17)—

shall I infer that

[the piercing is done] privately,

between the two of them?

The Teaching states:

“Then his owner shall bring him before the Authority⁸ (‘elohim; Ex.21:6)—

Here, Authority refers to the judges (dayanim; e.g., Ex.22:8),

who then present him [for sale] to traders. ⁹

“With an awl” (Ex.21:6)—

Anything that makes a mark.¹⁰

Said R. Elazar:

doesn’t Yudan, our colleague, expounded that

they only pierce the ear-lobe?

But sages say:

a priest may not be pierced,

lest he become blemished.

If he is pierced through the ear-lobe,

how can he become blemished?

In fact, this teaches that

they may only pierce the upper part of the ear.

 

R. Meir says:

he may also pierce the cartilage.

In any case, R. Meir says:

a priest is not to be pierced.¹¹

3

“Drive it through his ear” (Dt.15:17).

Here ear is mentioned,

and elsewhere, [in connection with a purification rite,]

ear (Lv.14:14) is mentioned.

Just as ear mentioned elsewhere is the right ear,

ear mentioned here is also the right ear—

at the upper tip of the ear.¹²

“Through his ear and the door” (Dt.15:17).

Is it possible to say that

[the awl must be driven through]

the side of his ear?

The Teaching states:

“Through his ear and the door” (Dt.15:17)—

this explains that he drives it

through the ear into the door.

“Thus, he shall be your slave forever “ (`olam: Dt.15:17)—

as long as the master is [alive] in his world” (`olamo),

even if he is sold thirty or forty years before the Jubilee.

On this basis you can teach:

a Hebrew slave serves the son,

but he does not serve the daughter.

[Once he is] pierced,

he serves neither the son nor the daughter

[but only the father].¹³

4

How do I know that

the principle taught here

[i.e., that the pierced slave serves only the father]

applies elsewhere,

and the principle taught elsewhere

applies here?

The Teaching states:

[“He will be your slave] forever” (Dt.15:17) and

[He will serve him] forever” (Ex.21:6).

This similarity permits an analogical inference

[that the slave has no obligations to the owner’s children].

“You shall do this also with your slave-girl” (Dt.15:17).

You shall provide for her [when she goes free].

Is it possible to say that

she may also be pierced?

The Teaching states:

“If the slave forcefully declares” (Ex.21:5)—

the slave may be pierced, but not the slave-girl!

1. H:166-168; JN1:303-304.
2. // Mechilta Ishmael, neziqin, 2.
3. F: 180-181 notes that the versions of Mechilta Ishmael appearing in Pisqa’ 122 may have been contributed by scribes who post-date the compilation of Sifre.
4. =M. Hul. 6:6.
5. Cf. M. Git. 2:4.
6. //Mechilta Ishmael, neziqin, 2.
7. // Mechilta Ishmael, neziqin, 2.
8. Normally, ‘elohim refers to God, although where exegetical necessity dictates, midrashic tradition stipulates that a human court is meant.
9. = Mechilta Ishmael, neziqin, 2.
10. // Mechilta Ishmael, neziqin, 2.
11. // Mechilta Ishmael, neziqin, 2.
12. // Mechilta Ishmael, neziqin, 2.
13. Cf. Mechilta Ishmael, neziqin, 2.