(39) And if thy brother that dwelleth by thee be waxen poor.--Better, And if thy brother be waxen poor by thee, that is, after supporting his tottering hand, as prescribed in Leviticus 25:35-38, and making all the charitable efforts to help him, they fail, and he still finds himself in extreme poverty, and unable to obtain a livelihood.

And be sold unto thee.--The voluntary disposal of his own liberty for a money consideration the Israelite could only effect by stress of poverty.

Thou shalt not compel him to serve as a bondservant.--Under these circumstances he is not to be treated like heathen slaves who are either purchased or captured, and made to do the menial service which these Gentile slaves have to perform. The authorities during the second Temple adduce the following as degrading work which the Israelite bondman is not to be put to: He must not attend his master at his bath, nor tie up or undo the latchets of his sandals, &c., &c.

Verses 39-42. - We see the way in which a poor Israelite might become a slave in the case of the sons of the widow whose oil was multiplied by Elisha. "Thy servant my husband is dead; (and thou knowest that thy servant did fear the Lord:) and the creditor is come to take unto him my two sons to be bondmen" (2 Kings 4:1). And in the time of Nehemiah, "Some also there were that said, We have mortgaged our lands, vineyards, and houses, that we might buy corn, because of the dearth.... And, lo, we bring into bondage our sons and our daughters to be servants, and some of our daughters are brought unto bondage already: neither is it in our power to redeem them; for other men have our lands and vineyards" (Nehemiah 5:3-5). But the fact that an Israelite could not be kept in slavery for more than six years (Exodus 21:2), and that the period of his service had to be still shorter if the jubilee fell before the seventh year, and the further fact that at the time of the jubilee he would not only he free, but recover any ancestral property that he had forfeited, so that he might become once more on an equality with his master, would have made his position totally different from the hopeless, helpless state of the Greek or Roman slave, even without the positive command that he was to be treated, not as a bondservant: but as an hired servant, and as a sojourner. All alike, master and bondsman, were the slaves of God, and therefore not only were they, so far, on an equality one with another, but the master would be encroaching on the right of God if he claimed God's slaves for his own inalienably.

25:39-55 A native Israelite, if sold for debt, or for a crime, was to serve but six years, and to go out the seventh. If he sold himself, through poverty, both his work and his usage must be such as were fitting for a son of Abraham. Masters are required to give to their servants that which is just and equal, Col 4:1. At the year of jubilee the servant should go out free, he and his children, and should return to his own family. This typified redemption from the service of sin and Satan, by the grace of God in Christ, whose truth makes us free, Joh 8:32. We cannot ransom our fellow-sinners, but we may point out Christ to them; while by his grace our lives may adorn his gospel, express our love, show our gratitude, and glorify his holy name.And if thy brother that dwelleth by thee be waxen poor,.... The above laws and instructions seem designed to prevent such extreme poverty as obliged to what follows, namely, a brother being sold either to an Israelite or to a stranger, by relieving his wants or lending him money; but when these were insufficient to support him, and keep him from sinking into the lowest state of distress and misery, then he was obliged to be sold, as follows:

and be sold unto thee; either by himself, being ready to starve and perish, or by the sanhedrim, having stolen something, as Aben Ezra observes; in such a case the civil magistrate had a power of selling a man, Exodus 22:3,

thou shall not compel him to serve as a bondservant; such as were Heathens, and bought of them, or taken in war and made slaves of; but an Israelite sold was not to serve as they, either with respect to matter or manner, or time of service; such as were bondmen were put to the hardest service, the greatest drudgery, as well as what was mean and reproachful, and were used in the most rigorous and despotic manner, and were obliged to serve for ever, and were never released; but a brother, an Israelite, sold to another through extreme poverty, was not to be put to any low, mean, base, and disgraceful service, by which it would be known that he was a servant, as Jarchi notes; such as to carry his master's vessels or instruments after him to the bath, or to unloose his shoes; but, as the same writer observes, he was to be employed in the business of the farm, or in some handicraft work, and was to be kindly and gently used, rather as a brother than a servant, and to be freed in the year of jubilee.