Sefer HaChinuch ספר החינוך

That we not make a Hebrew slave perform demeaning work, like the work of a Canaanite (gentile) slave: That we not make a Hebrew slave perform work that is very demeaning and humiliating, which is the way to make a Canaanite slave work — as it is written (Leviticus 25:39), “do not have him work with the work of a slave.” And they, may their memory be blessed, said in Sifra, Behar, Chapter 7:2 in explanation of this matter, “He should not carry your cushion” (see Sefer HaMitzvot, Negative Commandments 257) — which is a small cloth that people make to sit upon in every place if they tire — and it is the way of a demeaned slave to take this [item] and carry it behind his master. And they said likewise (Sifra, Behar, Chapter 7:2), “Nor should he carry his vessels in front of him into the bathhouse.” And they, may their memory be blessed, elucidated these types of work, and the law is the same for anything that is similar to them. It comes out that a person should be mindful of which type of work he orders his Hebrew slave to perform. And this is part of the principle which they, may their memory be blessed, said (Kiddushin 22a), “Anyone who acquires a Hebrew slave is like he has acquired a master for himself.” Nonetheless, from that which the verse states (Leviticus 25:40), “Like a laborer, like a boarder shall he be with you,” it should be learned that a man may command him to do anything that it is the way of people to command a laborer or a boarder. And truthfully, a laborer — who is a free man — is usually not employed for degrading work; and likewise a boarder — who is a man who comes to live in a different land. And the way of boarders is to do the work of the homeowner with whom they are living, from their [own] will — therefore [a householder] will not do very demeaning work with him. And hence Scripture stated, “Like a laborer, like a boarder shall he be with you,” because these two men — even though they do work — their work is not usually demeaning work. Still, the slave must behave according to the way of a slave and honor his master with all of his might, and not become haughty with all that we have said.

It is from the roots of the commandment [that it is] so that a person place upon his heart that our nation is the most honored of all of them. And through that, he will love his people and his Torah. And he will also place upon his heart, that just as this slave was sold because of his desperation, so is it possible that the same could happen to the one who acquires him, or to one of his sons — if [their] sin causes it to them. And through honoring his slave, he will certainly think this thought; and through this thought he will be careful from sinning to God. And there is another purpose in the thing — that a man learn the traits of kindness and mercy, and distance himself from the evil trait of cruelty. And by preparing his soul for goodness, it will receive good — [as] God wishes to bestow from His blessings on His creations, as I have written many times before in previous commandments.

The laws of the commandment: That which they, may their memory be blessed, were exacting about in the first chapter of Kiddushin 22b from that which the verse stated (Deuteronomy 15:16), “for it is good for him with you” — “‘With you’ regarding food, ‘with you’ regarding drink; that you should not eat refined bread and he eat coarse bread, nor should you drink aged wine and he drink unaged wine, nor should you sleep on pillows and he sleep on straw.” They, may their memory be blessed, likewise said (Sifra, Behar, Chapter 7:3) that the master should not live in the town and the slave in the village, as it is stated (Leviticus 25:41), “And he shall leave from with you.” And the rest of its details are in the Sifra and in Kiddushin. (See Tur, Yoreh Deah 267.)

And [it] is practiced by males and females at the time that the Jubilee is practiced; and I have already written when the Jubilee is practiced at the beginning of the Order (Sefer HaChinukh 330). And even though it is not fitting for a woman to acquire a slave on account of suspicion, she is still included in the commandment nonetheless. And if one transgressed this commandment and had his Hebrew slave do degrading work, he has violated this negative commandment. Though from what it appears, there is no liability for lashes — as there is no act [involved] with it; since a slave is disciplined with words to get him to do work — [whether] demeaning or honorable. And I already wrote above (Sefer HaChinukh 241) that any negative commandment that can be transgressed without an act — even if he does any act with it, he should still not be made liable for lashes; as it is still termed a negative commandment without an act. This is my approach — it is clear in my eyes.