ה וְאִּם -אָּמֹר יֹאמַר, הָּעֶּבֶּד, אָּהַבְתִּי אֶּת -אֲדֹנִּי, אֶּת -אִּשְתִּי וְאֶּת-בָּנָּי; לֹא אֵצֵא, חָּפְשִּי.
5 But if the servant shall plainly say: I love my master, my wife, and my children; I will not go out free;
ו וְהִּגִּישוֹ אֲדֹנָּיו, אֶּל -הָּאֱלֹקים, וְ הִּגִּישוֹ אֶּל-הַדֶּלֶּת, אוֹ אֶּל -הַמְזוּזָּה; וְרָּצַע אֲדֹנָּיו אֶּת-אָּזְנוֹ בַמַרְ צֵעַ, וַעֲבָּדוֹ לְעֹלָּם. }ס{
6 then his master shall bring him unto G-d, and shall bring him to the door, or unto the door-post; and his master shall bore his ear through with an awl; and he shall serve him forever.
Why the punishment?
The answer is that theft is the source for every sin. The Gemara B.K. 79b says that the punishment for stealthily stealing is greater than for overt theft. This is because the covert thief has more fear of humans than of HaShem. It is as if he is stating that Hashem's "eyes" and "ears" do not see what is happening on this lower world. This is true with every sin as well. Would one sin if he was fully cognizant of Hashem's presence? Every sin is an offshoot of covert theft. Therefore, the Torah prescribes this procedure by the source theft. (Rabbi Avrohom Yehoshua Heshel Lainer brother of Rabbi Gershon Chanoch Henoch the Admor of Radzin)
Why the ear?
Pirkei d’Rabbi Eliezer explains that after the sin in Gad Eden, HaShem placed nine “curses” on Chavah. One of them was that He bored her ear like a maid-servant that must obey her master. She became subjugated to her husband. Thus, boring the ear indicates that one must be subjugated to a human master.
Rashi explains that the ear that heard on Har Sinai that one should not steal, and in spite of this the person stole, deserves to be pierced. Rashi explains that the ear that heard on Har Sinai that one should not steal, "lo signove" (Shmos 20:13 per Sanhedrin 86a), and in spite of this the person stole, deserves to be pierced.
How is explained the connection to Har Sinai? This verse that Rashi brought refers to kidnapping, while "lo tignovu" (Vayikra 19:11) is the verse that prohibits common theft.
Hadar Zkanim says that at the time of Har Sinai when they learned the Parsha of Mishpatim the people were not aware of the later verse from VaYikra and thus, were not aware that Lo Signove did not refer to monetary items.
The Ta”z (Ch.M. 358,2) answers that either from context the verse in the Aseres haDibros refers to kidnapping or by reasoning refers to monetary items. Either way one should know not to steal and thus is subject to the punishment of having the ear bored
The Chanukas haTorah explains according to the Medrash that each word of the Aseres haDibros were said in general and in particular with all the details that are connected to that word. For example, the command not to murder includes the concept of “whitening the face of another” which is like murdering. Thus, the command not to steal while referring to kidnapping also included the concept of not stealing property or deceiving.
Msdkil l”Dovid simply explains that the text is a scriptural error and should read “lo tignovu" and includes the concept that the entire Torah was given at Sinai.
B’er b’Sadeh cites the Holy Zohar that Taam Elyon (public reading trup for the Aseres haDibros) has a “interruption mark” between the word “Lo” and the word “Tignove”. The reader pauses between the two words, and grammatically the two words are separated which requires a dagesh in the Tav of the word “Tignove.” (With no separation the word would not have a dagesh and be read “Signove”) The Holy Zohar states the reason for the separation of the words indicates that this command has exceptions. There are instances where it is permitted to “steal”, such as deception by a legal system to obtain a confession from an accused, or a teacher to feint lack of the correct answer to motivate a student to obtain the correct answer. Thus, the B’er b’Sadaeh suggests that the thief that was sold into servitude might teach himself “permission” that only a kidnapping is not permitted but stealing monetary items is permitted. Thus, we strike this person in the ear just like one would strike a student (grab the ear) that deliberately misunderstood the instructions.
If so, why not have the ear pierced when the person is sold into servitude rather than 7 years later?
The Kli Yakar answers that if though the thief should receive two punishments, we have a rule that one does not receive corporeal punishment and also having to pay for one act, "ein lo'keh umsha'leim" (B.M. 91a). When he was sold, the compensation of the years of servitude are used to pay back for his theft. Therefore, the corporeal punishments of piercing his ear are not performed. When the 7 years of slavery are complete, and then he shows that he is happy with his situation of being a slave, and thus does not consider it a punishment, we are left with the single punishment for his act of theft which is piercing his ear.
Rivash and Chizuki explain that the corporate punishment applies not when one sins the first time but when a person sins, and then sins again. The person acquires a master and then at the end of the six years, accepts again a human master that at that time becomes liability for the punishment of boring of the ear.
Maharal and Chosheck Shlomo explain that at the initial start of the six year of servitude one is not a complete servant since there remains the possibility of release after the completion of the six years.
Chasam Sofer answers that an owner of a Jewish servant must be treated like the master treats himself, then the servant is not really a servant to a human master in place of the Heavenly master. However, if at the end of the six years, he proclaims that he loves the owner as his owner and identifies the non-Jewish maidservant as his wife and the non-Jewish children as his children and wishes to stay with them, now he has chosen a human master and thus is liable for boring the ear that heard on Har Sinai.
Why the door and the mezuzah?
- Rashbam answers that it is pragmatic to do so. Even if a house is built of stone, the doors and door frames are made of wood. Wood is a practical material into which an awl can be forced.
- Rabbeinu Bachyei in the name of the Medrash says that Hashem gives this slave an opening to leave servitude at the end of six years. The slave who turns down this opportunity and opts to stay on has voluntarily shut the door to his freedom. In kind we pierce his earlobe against the doorway opening.
- One always passes through the doorway of a house. Let the person who had the opportunity to go free and turned it down see the hole made by the awl in the doorpost. It is at eye-level as it passed through his earlobe. (Shomati)
- Toldos Yitzchak: Once a thief always a thief is an attitude that some people have, including some thieves. This former thief has served his master for the past six years. He should go free, but wants to stay on, "Ohavti es adoni ......" It is obvious that he cannot stay on against the will of his master. When he does stay on it is only with the master's agreement. This clearly indicates that the master has noted that there was no theft on the part of this slave, or else why would he agree to keep him. The former thief has turned a leaf and is now clean of this terrible character flaw. A door, when open, invites theft. When closed and locked, it prevents theft. Similarly, one's ear is a receptacle for lashon hora and other negative speech. The ear has a flexible lobe, which can be placed into the ear canal to muffle out negative speech. It can also be left open to absorb words of Torah wisdom, Mitzvos, as hearing the reading of the Torah, Parshas Zachor, Megillas Esther, the blowing of the shofar, and the like. Thus, the slave, the door, and the ear have a common denominator, that they can either be used to promote the negative or the positive. This is the message of piercing the slave's ear against a doorpost.
- Bais Levi (on the Hagadah) offers that the door and mezuzah received the blood on the Jewish houses when HaShem passed over them on the 15th of Nissan on the last night in Mitzraim. This was the indication of the end of physical and spiritual slavery to the human masters and the beginning of service to HaShem. Now at the time that one declares he wants again a human master, let the door and mezuzah come and bear witness that the Jews already were dedicated to serve HaShem and no to serve a human master.
- Ben Yehodiyah states the זוזהמלת, דזן, א are Roshei Taivos for אדם. Only a Jew that serves HaShem is called Adam. This person who declares a human master to serve, is punished through the combination of these three items.
