If we say that ha’anakah—the gift given to a Hebrew servant upon his release—is fundamentally a form of tzedakah, as appears to be the Rambam’s view, since in Sefer HaMitzvos he lists the mitzvah of ha’anakah immediately after the mitzvah of tzedakah, then the exclusion expressed by the words “to him, but not to one who sold himself” is a novel exception.
Since a novel exception is applied only to the precise case stated, it follows that a hired worker should receive such a gift.
The Sefer HaChinuch states that although the mitzvah of ha’anakah applies formally only when the laws of Yovel are in force, nevertheless, even in the present era, when a person hires a worker for a fixed period, he should give him a parting gift when that period ends.
The Minchas Chinuch raises a difficulty. According to the Rambam, who rules that ha’anakah applies only to a servant sold by the court and not to one who sold himself, it would seem that the obligation should likewise apply only to a servant sold by the court and not to an ordinary hired worker.
It is difficult to say that the Sefer HaChinuch disagrees with the Rambam without stating this explicitly.
The explanation is as follows:
If ha’anakah is regarded as an additional form of compensation for the servant’s labor, then the requirement to pay this compensation in addition to the money already paid for acquiring his labor is a novel law. It would therefore apply only to a servant sold by the court, concerning whom the Torah explicitly states the law of ha’anakah.
If, however, ha’anakah is fundamentally a form of tzedakah—as appears to be the Rambam’s view, since he lists the mitzvah of ha’anakah immediately after the mitzvah of tzedakah—then the exclusion “to him, but not to one who sold himself” is itself the novel law.
The general principle is that a novel law is not extended beyond the exact case stated. Consequently, only a self-sold servant is excluded, while a hired worker should receive a parting gift.
The Practical Lesson
This law—that a worker should be given a parting gift at the conclusion of his employment—should be publicized.
The Inner Dimension
On the spiritual level, the relationship between a servant and a master corresponds to the relationship between a student and a teacher.
The teacher’s obligation is to teach the student according to the student’s present level and capacity. This is what the teacher is required to provide.
Tzedakah, however, demands more. The teacher must also give the student ha’anakah and “set him free.” In other words, he should raise the student beyond his present level and bring him closer to the level of the teacher himself.
The same principle applies when bringing fellow Jews closer to Yiddishkeit. One must not be satisfied with giving them only what seems appropriate to their present level. Rather, one must strive to elevate them until they reach one’s own spiritual level.