Or HaChaim on Exodus 21:11/אור החיים על שמות כ״א:י״א

1 ואם שלש אלה לא יעשה לה, If he fails to do these three things for her, etc. The three are 1) marrying her, שארה; 2) providing her with a clothing allowance, etc., כסותה; 3) maintaining marital relations with her at designated intervals, עונתה; the Torah stresses the word אלה, these, so as to exclude previous conditions such as the need to betrothe her. ויצאה חנם אין כסף, she may leave for nothing without money. Both master and son have lost their authority over this girl; they cannot force her to serve the balance of the six years her father contracted for, or until she displays signs of puberty. Rather the master has to give the girl a document releasing her if he does not decide to consummate the betrothal. The words "without money," mean that there is no need for money to change hands whereas there is a need for a divorce document releasing her as the Torah considered the girl as betrothed to her master ever since her father had sold her. Our sages in the Mechilta add that the words אין כסף also mean that whereas the maidservant does not have to compensate her master financially if he failed to meet the conditions mentioned, she can also gain her freedom by merely attaining the age/or signs of puberty. All of these rulings are of Sinaitic origin, independent of any allusions in the text.

2Seeing that the rulings are not dependent on allusions in the text, we are free to see in the text allusions to moral/ethical values, i.e. רמזים. We are basing ourselves on Sotah 42 that when the word איש appears by itself, i.e. without a name, the subject is G'd Himself, such as in Exodus 15,3. Our sages in Shir Hashirim Rabbah chapter 3 have said further that G'd insisted on expressing His fondness of the community of Israel by referring to it as His daughter. We also find that Scripture defines exile of the Jewish people as G'd having sold the Jewish people (compare Kings I 12,9). Inasmuch as the Torah legislated that if one acquires a male Jew as a slave he has to serve six years and no more, the Torah i.e. the Jewish people, is portrayed here as complaining to G'd why if the male Jewish slave should have to serve only six years, a Jewish girl, אמה, may have to serve longer; the Torah says that such a maid-servant will not automatically leave her master's employ after six years as does her male counterpart. In other words: "why has the Jewish people (the daughter) been sold into this long and bitter exile? Why are they not entitled to be treated in accordance with the male Jewish servant described in our chapter?"

3The Torah (Israel) repeats the argument by saying: "assuming that the girl is רעה, still guilty of the sins that caused her to be exiled in the first place (compare Isaiah 50,1: 'you have been sold on account of your iniquities') in the eyes of her master to whom she has been betrothed," after all she was also G'd's betrothed," as has been spelled out in Song of Songs 4,8? To this question the Torah (G'd) replies that the word לו in אשר לו יעדה, has also been spelled with the letter א, i.e. meaning that there are times when Israel does not qualify as G'd's betrothed. Israel is portrayed as countering that as long as it is in exile under the dominance of alien masters והפדה, she is deserving of release, seeing that her shortcomings are not even recognisable while she languishes under alien masters, בעיני אדוניה. Israel argues that her inadeqacies could come to light only if she would be redeemed and still fail to demonstrate her true repentance. As long as her erstwhile master has not redeemed her she could not do proper repentance. G'd replies that Israel was sold because it did not remain true to her master (G'd) while it lived in peace and unmolested, at a time when no alien ruler dominated her.

4Israel tries again by saying that if G'd did not want her as His bride, at least He ought to treat her as His son, seeing that there are numerous occasions in the Bible when the Jewish people are described as G'd's sons when compared to the other nations. Those nations are fully aware that the Jewish people enjoy a special relationship with G'd, even their very name reflecting this. If Israel still enjoyed a special relationship with G'd, at least it should not be treated worse than any other nation, something that unfortunately is evident to everyone following the history of the fate of the Jews. It should be enough punishment that the Jewish people are no longer superior to the other nations. G'd replies to this argument by saying Israel will be treated according to משפט הבנות, the laws applying to daughters. They are called daughters even if they do not qualify as being called G'd's daughter. To this Israel replies אם אחרת יקח לו, "if He takes another in her place," the daughter in question must still not be denied her statutory rights, i.e. שארה, כסותה, עונתה. The Zohar volume 2 page 152 writes that when the destruction of the Temple occurred all the sources which normally supplied Israel with G'd's bounty were turned in a different direction so that this bounty was directed at the other nations. Whereas previously the sacred sites were recipients of this bounty, now the situation was reversed and all this Divine bounty was poured out in unholy places. Israel is depicted as requesting that G'd at least not direct all His bounty to other nations. Even if G'd were to grant most of His bounty to the other nations because He still considers Israel's sins as unexpiated, at least He should not deny her her statutory rights such as שארה, etc. In this instance the meaning of שארה would be her sustenance as per the opinion of Rabbi Aushiyah in the Mechilta. כסותה would refer to her clothing requirements, and עונתה in this instance would refer to G'd answering Israel's prayers when it is in difficulties. [from the word עונה answer, Ed.]

5Israel asks how could it possibly continue to exist without these necessities? Israel adds, ואם שלש אלה לא יעשה לה, "If G'd were unwilling to grant her even those three necessities," at least He should let her go free, ויצאה חנם, without having to make a payment for such freedom, i.e. it should be released from the undertaking to perform G'd's commandments. The words אין כסף mean that Israel claims that her payment in terms of afflictions is adequate already.

6Since we are already indulging moral allusions contained in this passage, here is another possible approach. When the Torah speaks of "a man selling his daughter," the subject is G'd; He is selling His holy nation, Israel, to be a maidservant; seeing that various exiles the Jewish people have found themselves in, such as the exile in Egypt and the exile in Babylon, have not produced the desired rehabilitation of the people, the reason may have been due to Israel having been enslaved to a single nation in each instance. As long as we were a single unit, even while in exile, we never became reduced to the status of אמה, a lowly maidservant. In this present exile when we are scattered amongst all the nations wherever Jews are to be found they are looked down upn, are in disgrace, so much so that even if the redemption would occur tomorrow we have already acquired the title אמה, maidservant. This is why G'd has given us the assurance that the redemption of this nation will not be similar to what it has been in the past, i.e. the word העבדים is a reference to Exodus 20,2 where the Torah spoke about Egypt being בית העבדים, a house of bondage. The difference between the redemption then and the redemption to come is that at that time G'd only had to orchestrate the redemption of a people from one single country as distinct from what will happen in the future. The miracles which will be performed at that future redemption will eclipse the ones performed when the Israelites left Egypt. When the final redemption will occur the rulers of all the nations will prostrate themselves before Israel as predicted in Isaiah 49,23.

7The Torah goes on to say אם רעה בעיני אדוניה, which we have to understand in light of a statement in the Zohar that if the redemption would occur as a result of Israel's good deeds as compared to the redemption which will occur because G'd's timetable has run out. If the redemption ocurs because of the former situation, an angel of G'd whose feet are planted on earth and whose head is in Heaven will become visible. If, however, the redemption will occur only because G'd cannot defer it any longer, the redeemer will arrive as a poor man riding on the lowly ass as described in Zachariah 9,9. G'd assures Israel that even if it is still unworthy when the time comes for redemption, רעה בעיני אדויה, in the eyes of her Master, ולא יעדה, and not deserving of redemption (לא spelled with an א), He will release her, והפדה. He will not continue to let her languish amidst עם נכרי, an alien people, although the nature of that redemption would not match the type of redemption which would occur if the people were worthy of it. At any rate, the "sale" of Israel is not something permanent and irreversible. Job 28,3 expresses this redemption as "He has set an end to darkness."

8The Torah continues and describes a redemption as the result of Israel's having returned to G'd as a penitent sinner; אם לבנו ייעדנה, if they are deserving to be called בנים, "sons," a state attained when they observe G'd's commandments (compare Baba Batra 22), then כמשפט הבנות יעשה לה, G'd will deal with them according to the laws of the daughters. Their holy souls, also known as בנות ירושלים, will be the recipients of all the promises we find spelled out concerning that period throughout the Books of the Prophets. Those Jews still alive at that time will experience the brilliant light with which G'd will then illuminate the universe. They will all be able to point to G'd by saying זה אלי ואנוהו, "This is my G'd, let me glorify Him."

9The words אם אחרת יקח לו in verse 10 describe G'd's promise that regardless of whether Israel is evil so that G'd has sold it in favour of someone else receiving His bounty, or whether it is good so that it qualifies for the status of "son," it will not forfeit the three basics, שאר כסות ועונה. Should it not receive these either, i.e. that the afflictions during exile will be too great, then ויצאה חנם אין כסף. G'd will consider these afflictions as payment for the redemption and Israel will experience the coming of the Messiah even before the final date G'd has set aside in His timetable for that event.