Kiddushin 17A

יכול אפילו חלה? תלמוד לומר: ״ובשבעת יצא״?

One might have thought that even a slave who became sick and is unable to work must work additional time to compensate for the time missed. Therefore, the verse states: “And in the 7th he should go out” (Exodus 21:2), which indicates that he leaves his master in any case, even if he has not worked the full 6 years.

אמר רב ששת: הכא במאי עסקינן, כגון שברח ופגע בו יובל. מהו דתימא: הואיל ואפיק ליה יובל, ״שילוחו מעמך״ קרינן ביה, ולא ניקנסיה, ונעניק ליה, קא משמע לן.

Rav Sheshet said: With what are we dealing here? This concerns a case where he fled and the Jubilee Year arrived immediately afterward, and therefore he did not complete the 6 years of servitude. The novelty of this halakha is as follows. Lest you say: Since the Jubilee Year released him, he is considered sent away by you, the master, and therefore we should not penalize him but grant him the severance gift, the baraita teaches us that once he flees he forfeits his right to the severance gift.

אמר מר: יכול אפילו חלה ⁠– תלמוד לומר: ״ובשבעת יצא״. אפילו חלה כל שש? והתניא: חלה שלש ועבד שלש ⁠– אינו חייב להשלים, חלה כל שש ⁠– חייב להשלים! אמר רב ששת: בעושה מעשה מחט.

The Master said above: One might have thought that even a slave who became sick and was unable to work must work additional time to compensate for the time missed. Therefore, the verse states: “And in the 7th he should go out” (Exodus 21:2). The Talmud asks: Is he excused from working additional time even if he was sick for all 6 years? But isn’t it taught in a baraita: If he was sick for 3 years and served for 3 years, he is not obligated to complete the 6 years of actual labor, but if he was sick for all 6 years he is obligated to complete the 6 years of actual labor. Rav Sheshet said: This is referring to a case where he is unable to perform strenuous labor but can execute minor tasks, such as performing needlework or sewing clothes. Since he can perform work of some kind, this slave is not required to work additional time to compensate for the time missed, even if he was ill for all 6 years.