Slavery and the Jewish tradition ~ Class #1 - Torah and Tanach

(43) The LORD said to Moses and Aaron: This is the law of the passover offering: No foreigner shall eat of it. (44) But any slave a man has bought eats of it once he has been circumcised. (45) No bound or hired laborer shall eat of it.

(2) A Hebrew slave can be acquired by his master through money or through a document, and he can acquire himself, i.e., he is emancipated, through years, i.e., when he completes his six years of labor, or through the advent of the Jubilee Year, or through the deduction of money. The slave can redeem himself during the six years by paying for his remaining years of slavery. A Hebrew maidservant has one mode of emancipation more than him, as she acquires herself through signs indicating puberty. A slave who is pierced after serving six years is acquired as a slave for a longer period through piercing his ear with an awl, and he acquires himself through the advent of the Jubilee Year or through the death of the master.

(3) A Canaanite slave is acquired by means of money, by means of a document, or by means of the master taking possession of him. And he can acquire himself, i.e., his freedom, by means of money given by others, i.e., other people can give money to his master, and by means of a bill of manumission if he accepts it by himself. This is the statement of Rabbi Meir. And the Rabbis say: The slave can be freed by means of money given by himself, and by means of a bill of manumission if it is accepted by others, provided that the money he gives belongs to others, not to him.

(7) If a father and his son saw the new moon, they should both go to the court in Jerusalem. It is not that they can join together to give testimony, for close relatives are disqualified from testifying together, but they both go so that if one of them is disqualified, the second may join together with another witness to testify about the new moon. Rabbi Shimon says: A father and his son and all their relatives are fit to combine together as witnesses for testimony to determine the start of the month. Rabbi Yosei said: There was an incident with Toviyya the doctor. When he saw the new moon in Jerusalem, he and his son and his freed slave all went to testify. The priests accepted him and his son as witnesses and disqualified his slave, for they ruled stringently that the month may be sanctified only on the basis of the testimony of those of Jewish lineage. And when they came before the court, they accepted him and his slave as witnesses and disqualified his son, due to the familial relationship.

(6) It is forbidden to work a Hebrew slave ruthlessly. What is meant by ruthless work? It is work that has no definite time or limit, or needless work designed only to keep the slave working and occupied. Hence, the sages have said: The master should not tell the Hebrew slave: "Pluck weeds under the vines until I arrive," because he has not given him a time limit. He should rather tell him : Pluck weeds until a certain hour or up to a certain place. Nor should he say to him: "Dig up this place," when he does not need it. It is even forbidden to tell him to prepare a glass of hot or cold water for him if he does not need it. By doing this he breaks a prohibitive law, as it is written: "You shall not rule over him ruthlessly" (43). This implies that the Hebrew slave is to do for the master only what is time-marked and needed.

(7) An Israelite who bought any Hebrew slave is forbidden to impose upon him humiliating tasks, performed by slaves only, such as making him carry his clothing to the bathhouse, or take off his shoes, as it is written: "Do not subject him to the treatment of a slave" (39). He must treat him as a hired worker, as it is written: "You must let him stay with you as a hired servant and a resident alien" (40).— — This applies only to a Hebrew slave, who feels humiliated by having been sold. It is, however, permissible to impose the work of a slave upon an Israelite who has not been sold, since the latter is doing this work voluntarily and with his own consent.

(8) [Regarding] people that do not behave well, it is permissible to subjugate them with force and enslave them. [If there is] a king that rules that anyone that does not give the fixed tax, [and that therefore] he is enslaved to whoever pays the tax [for him], it is permissible to use him more than necessary. But not like a [Caananite] slave. [But] if he does not behave well, it is permissible to use him as a [Caananite] slave.

(9) The master must treat his Hebrew male and female slaves as his equals as to food, drink, clothing, and shelter, as it is written: "Because he fares well with you" (Deuteronomy 15:16), meaning that you should not eat white bread, and the slave black bread; you should not drink old wine, and he new wine; you should not sleep on a feather bed, and he on straw; you should not live in the city, and he in the village; or you in the village, and he in the city, as it is written: "He shall come out from staying with you" (Leviticus 25:41). Hence, the sages have declared: "He who has bought a Hebrew slave is like one who has acquired a master for himself" (Kiddushin 20a). He should treat him brotherly, as it is written : "You must not lord it over your brothers the children of Israel" (Leviticus 25:46). Nevertheless, the slave should behave as a slave in the servile work he does for his master.

(10) The laws pertaining to Hebrew female and male slaves are applicable only when the law of the jubilee year applies, regardless of whether it is a Hebrew slave who has sold himself or one whom the court has sold. We have already explained as to when jubilees were discontinued.

(4) 4. How is a slave released because of the loss of the tips of his limbs or organs? A person intentionally struck his slave and caused him to lose one of the 24 tips of his limbs or organs that will not regenerate; he is granted his freedom. A bill of release is required. If this applies to the 24 limbs, why does the Torah mention explicitly a tooth and an eye? To extrapolate from them. What characterizes the loss of an eye and a tooth an eye or a tooth? That they are obvious blemishes that will not be regenerated; so too, all obvious blemishes that will not be regenerated cause a slave to be granted his freedom. If, by contrast, a master castrates his slave or cuts out his tongue, the slave is not granted his freedom, for these are not revealed blemishes. Similarly, if a person knocks out one of a young slave's baby teeth, the slave is not released, for the tooth will grow back.

(5) 5. The only slaves released because of the loss of the tips of their limbs or organs are slaves that have been circumcised and immersed in the mikveh, for they are obligated in the observance of some of the mitzvot. A slave who is an outright gentile is not released because of the loss of the tips of his limbs or organs. These are the tips of the limbs and organs that will not regenerate: the 10 fingers and the ten toes, the tips of the ears, the tip of the nose, the tip of the male organ, the nipples of a woman's breasts. The eyes and the teeth are not included in this reckoning, because they are explicitly mentioned in the Torah.

(6) 6. Should a slave possess an extra finger, and the master cut it off, the slave is released because of its loss if the finger is counted on his hand together with his other fingers. If the slave's eye was blinded, and the master cut it out, the slave is released because of its loss. For the master caused him the loss of an organ. The same law applies with regard to any other of the tips of the organs that are not functional and cannot be used for a task: if the master cuts it off, the master caused him the loss of an organ, and the slave is released because of its loss.

(17) 17. The release of slaves because of the loss of the tips of their limbs or organs is practiced in every place, and in every time. This ruling may be delivered only by judges who possess semichah, for this is a fine. For this reason, if a servant told his master: "You knocked out my tooth and blinded my eye," and the master admits doing this, the master is not liable. The rationale is that had he taken the initiative and admitted having caused this injury, he would not be liable to grant the slave his freedom unless witnesses testify. For a person who admits his guilt in a case requiring a fine is not liable. As Hilchot Geneivah states, anyone who admits his guilt in a case requiring a fine is not liable.

(1) 1. When a person sells his slave to a gentile, the slave is released as a free man. We compel the previous owner to buy him back from the gentiles at even ten times his value. He then composes a bill of release for him, and the slave is released. If the gentile purchaser does not desire to sell the slave back at even ten times his value, we do not require the owner to make another offer. This fine is only collected and brought to judgment in a court of expert judges. If the seller dies, we do not require his heir to return the slave so that he can free him.

(5) 5. Whether a Jew sells his slave to a gentile who serves idols, a ger toshav, or even to a kuti, the slave is granted his freedom. If he sells his slave to an apostate Jew, there is an unresolved question regarding the matter. Therefore, if the slave seizes property belonging to his former master that equals his worth, so that he can purchase his freedom from the apostate, it is not expropriated from him.

(6) 6. When a person living in Eretz Yisrael sells his slave to a master from the diaspora, the slave is granted his freedom. We compel his new master to compose a bill of release for him, and his money is forfeited. Why did our Sages penalize the purchaser alone in this instance? Because if he had not purchased the slave, this slave would not have left Eretz Yisrael for the diaspora. Selling a slave to Syria or to Acre is considered as selling him to the diaspora.

(9) 9. When a slave asks his master to move to Eretz Yisrael, we compel his master to move there with him or to sell him to someone who is moving there. When a master living in Eretz Yisrael desires to move to the diaspora, he cannot compel the slave to move with him against his will. This law applies in all times, even in the present era, when the land is ruled by gentiles.

(10) 10. When a slave flees from the diaspora to Eretz Yisrael, he should not be returned to slavery. Concerning such a person, the Torah Deuteronomy 23:16 states: "Do not return a slave to his master." His master is told to compose a bill of release for him, and he writes a promissory note for his master for his worth, which the master holds until the freed slave earns that money and gives it to him. If the master does not desire to free him, the court invalidates his ownership of him, and the slave is free to go on his way.

(11) 11. This slave who fled to Eretz Yisrael is a righteous gentile. Scripture adds a specific warning for anyone who would desire to deride him, for he is even more humble-spirited than a convert. Therefore, Scripture Deuteronomy 23:17 issues a command with regard to him: "He shall dwell with you, in your midst, in one of your cities that he desires. You shall not abuse him." Abusing him refers even to verbal derision. Thus, a person who derides this convert transgresses three negative commandments: "A person should not abuse his colleague" (Leviticus 25:14), "Do not abuse a convert" (Exodus 22:20), and "You shall not abuse him." He also transgresses the commandment: "Do not oppress him" (Exodus, Ibid.), as explained with regard to the laws of ona'ah.

(12) 12. When a person purchases a slave from a gentile without making a stipulation beforehand, and the slave does not desire to be circumcised or to accept the mitzvot incumbent upon slaves, he is given leeway for twelve months. If at the end of this period, he still does not desire, the master must sell him to a gentile or to the diaspora. If the slave made a stipulation with the master at the outset that he did not have to circumcise himself, the owner may maintain him as a gentile for as long as he desires and may sell him to a gentile or the diaspora. Similarly, even when a slave who has been circumcised and immersed himself to become a slave, but afterwards caused himself to be captured by a group of brigands, if his master cannot expropriate him - neither through the laws of the Jews, nor through the laws of the gentiles - he may accept payment for him from the gentile and formalize the sale through the gentile authorities, for he is preserving his money from the gentiles.

(8) It is permissible to work a heathen slave relentlessly. Even though it is lawful, the quality of benevolence and the paths of wisdom demand of a human being to be merciful and striving for justice. One should not press his heavy yoke on his slave and torment him, but should give him to eat and drink of everything. The sages of old were in the habit of sharing with the slave every dish they ate, and they fed the cattle as well as the slaves before they themselves sat down to eat.— — Nor should a master disgrace his servant by hand or by words; the biblical law surrendered them to servitude, but not to disgrace (Niddah 47a). He should not madly scream at his servant, but speak to him gently and listen to his complaints.— — Cruelty is frequently to be found only among heathen who worship idols. The progeny of our father Abraham, however, the people of Israel upon whom God bestowed the goodness of the Torah, commanding them to keep the laws of goodness, are merciful toward all creatures. So too, in speaking of the divine attributes, which he has commanded us to imitate, the psalmist says: "His mercy is over all his works" (Psalm 145:9). Whoever is merciful will receive mercy, as it is written: "He will be merciful and compassionate to you and multiply you" (Deuteronomy 13:18).