The Torah in Parashat Behar says about gentile servants, “Le’olam Bahem Ta’abodu” – that they are to remain in service forever (Vayikra 25:46). This verse establishes a Torah prohibition forbidding releasing a non-Jewish servant. Whereas Jewish servants are released either after six years of service, or in the Yobel (jubilee year), gentile servants are not released.

Non-Jewish servants are commonly referred to in Halachic literature as “Ebed Kena’ani” (“a Canaanite servant”), but in truth, this status applies to all gentile servants. They are referred to as “Canaanites” because Noah placed a curse upon his grandson, Canaan, that his descendants would work as slaves, and thus the title “Kena’ani” is associated with servitude.

The Sefer Ha’hinuch, in discussing this Misva, explains the procedure that was followed when a Jew purchased a gentile servant. The servant spends one year working for the master, and after a year has passed, the master asks the servant if he is prepared renounce his former faith and embrace Jewish belief. If the servant refuses, then he is released, as he cannot be allowed to remain among our people. But if the servant agrees, then he begins the process of conversion by undergoing Berit Mila and immersing in a Mikveh for the purpose of becoming an Ebed Kena’ani. He is then obligated in all Misvot which are binding upon women, and it is then forbidden for the master to release him.

The Sefer Ha’hinuch explains this prohibition as based on the notion that Am Yisrael was chosen for a special mission, to devote themselves to the service of the Almighty. As such, it is appropriate that they will have servants to help them with their day-to-day tasks, thus freeing their time so they can tend to their spiritual pursuits. Fellow Jews are also assigned this mission, and so the Torah wants Am Yisrael to have servants from other nations. The reason why an Ebed Kena’ani must undergo partial conversion, the Sefer Ha’hinuch writes, is so that he would not exert a negative influence upon the Jews among whom he lives.

On this basis, the Sefer Ha’hinuch explains why Halacha permits releasing an Ebed Kena’ani when this is necessary for the sake of fulfilling a Misva. The classic example is a situation where nine men are present for a Minyan, and one wishes to release his servant so that he will become a full-fledged Jew and can thus complete the Minyan. Halacha permits releasing the servant in such a case – even though praying with a Minyan constitutes a Misva De’rabbanan (Misva ordained by the Sages), whereas releasing a servant is forbidden by force of Torah law. The Sefer Ha’hinuch explains that since the purpose of this prohibition is to facilitate our service of G-d, it does not apply in a case where freeing a servant is what is needed to facilitate the fulfillment of a Misva, even a Misva ordained by the Sages.

If a Jew cohabited with a gentile maidservant, the product of this union has the status of an Ebed Kena’ani, and all the laws relevant to gentile servants apply to him, as well.

If a master treats his servant in a way which clearly indicates his intention to free him, then Bet Din compels the master to release the servant. Examples include having the servant betroth a Jewish woman, having the servant wear Tefillin, or inviting him to conduct the congregational Torah reading. These activities are all done by full-fledged Jewish men, and not by servants, and thus once any of these is done, the master must write a document declaring the servant free.

This command applies in all places and in all times. It is binding upon both men and women, though the Sages teach that a woman should not purchase an Ebed Kena’ani, in order to avoid suspicion. One who releases his servant transgresses this command, but is not liable to Malkut, as this prohibition is introduced in the form of a Misvat Aseh (affirmative command).

It is important to clarify that when the Sefer Ha’hinuch speaks in this context of Am Yisrael’s unique stature, this refers to the special mission to which we have been assigned. The status of “chosen nation” is not just a privilege – it is a great responsibility, the obligation we bear to devote our lives to the service of G-d, and to disseminate the knowledge of awareness of His existence. The Sefer Ha’hinuch here teaches us of the awesome responsibility that each and every one of us carries as a member of Hashem’s special nation, that we must use our precious time properly, to fulfill our duty to the very best of our ability.

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