Pisqa’ 121¹

1

“And should he say to you: I will not go free from you” (Dt.15:16).

Is it possible to say that

[if the Hebrew slave refused his freedom] once,

he undergoes the piercing of his ear?

The Teaching states:

“Now, if the slave forcefully declares” (Ex.21:5)—

he cannot be permanently enslaved

until he declares and repeats

[his insistence upon remaining enslaved].²

If he declared [his desire to remain enslaved]

during the six years [of his term of service],

but did not declare it at the end of the six years

when he is entitled to go free—

indeed, he is not to be pierced,

for it says:

“I will not be set free” (Ex.21:5)—

he cannot be permanently enslaved

unless he insists upon it at the time of liberation,

[after six complete years].

If he declared at the end of the six years,

but he hadn’t declared during the six years—

indeed, he is not to be pierced,

for it is said:

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

he cannot be permanently enslaved

unless he declares his insistence

while time remains in the term of his servitude.

2

“For he loves you” (Dt.15:16)—

inferring from what is stated elsewhere:

“I love my master” (Ex.21:5)—

{wouldn’t I already know that

he loves his master?

In fact,}³ on the basis of both verses,

you can claim:

if he loved his master,

but his master doesn’t love him;

or if he is beloved to his master,

but he doesn’t love his master—

indeed, he is not to be pierced!
As it is said:

“For he loves you” (Dt.15:16)—

[the essential element is the slave’s love for the master].

If the Hebrew slave has a wife and children,

yet his master has no wife or children,

he is not to be pierced,

for it is said:

“For he loves you and your household” (Dt.15:16)—

[implying that the master has a family of his own].⁴

“Since all is well with him among you” (Dt.15:16)—

thus, if he or his master become ill,

indeed, he is not to be pierced.

1. H:166; JN1: 301-302.
2. Mechilta Ishmael, neziqin, 2.
3. F:179, ls. 13-14 adds this phrase, although it does not appear in any mss or editions except as a marginal addition in mss Berlin . See his register of variants, p. 179, l. 13 and H:440, piska’ 121, n.4.
4. // Mechilta Ishmael, neziqin 2.