Why Permit Slavery/2

Why Permit Slavery

Exegetical Approaches

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Beneficial to the Slave

The institution of slavery improves the lot of the slave so that he benefits rather than suffers from his enslavement.  The position subdivides regarding whether the benefit received is physical or spiritual in nature:

Physical Benefit

Enslavement to an Israelite provides the slave with improved physical conditions and treatment.

Sources:R. S.R. HirschShemot 12:44Vayikra 25:44About R. Samson Raphael Hirsch,  R. Uziel

"מֵהֶם תִּקְנוּ עֶבֶד וְאָמָה": limiting the law – R. Hirsch and R. Uziel limit the law regarding buying Canaanites slaves, suggesting that it is forbidden to turn a free person into a Canaanite slave against his will.  One is permitted to buy only someone who already has slave status, for the whole purpose is to save them from the harsh treatment being born under the foreign master.  This might be learned from the fact that the verse does not simply say  "כִּי תִקְנֶה עֶבֶד כנעני" but rather "מֵאֵת הַגּוֹיִם אֲשֶׁר סְבִיבֹתֵיכֶם מֵהֶם תִּקְנוּ עֶבֶד", emphasizing that one is buying the slave from others.

"גַם מִבְּנֵי הַתּוֹשָׁבִים הַגָּרִים עִמָּכֶם מֵהֶם תִּקְנוּ" – This verse is somewhat difficult for this approach as it implies that one is allowed to buy enslave local residents (even though they are not currently enslaved under harsh conditions).  This is likely what leads R. Hirsch to explain that the verse means that such a resident can sell himself of his own volition, not that one can forcefully buy him.¹

Freedom for knocking out  a limb – In ancient times, it was common for slaves to be punished or kept in line via the wounding or amputating of limbs.² As such, the Torah's law that any master who knocks out a slave's limb must free his slave was revolutionary, and can attest to the difference in treatment a slave could hope to receive under Israelite law.³

Penalty for killing: "נָקֹם יִנָּקֵם" – R. Hirsch understands this to mean that if a slave owner whips his slave to death he is held accountable for murder.⁴  Since the slave has no blood-redeemers, vengeance for the act falls on the community at large. This law, thus, further demonstrates how, under Israelite law, slaves were not  viewed as mere property, but as humans whose lives were worth avenging.  This was not always the case in other societies.⁵

Escaped slaves: "לֹא תַסְגִּיר עֶבֶד אֶל אֲדֹנָיו" – This position might suggest that the verse is referring to a Gentile slave who escaped the harsh treatment of foreign masters. If so, this law, too, demonstrates how the Torah desires to protect people from such abuse.⁶

"וּבְאַחֵיכֶם בְּנֵי יִשְׂרָאֵל... לֹא תִרְדֶּה בוֹ בְּפָרֶךְ" – This verse is difficult for this position as it implies that it is only forbidden to overwork and abuse Israelite slaves, but that it would not be a problem to treat Canaanite slaves in such a manner.  If the whole point of buying Gentile slaves is to improve their lot, one would have expected that they, too, would be included in this prohibition.⁷ R. Hirsch responds that the verse refers not to abusing one's slaves,⁸ but only to teaching them obedience. He claims that one would be allowed to do the same even to a free Israelite who was under your authority and needed to be educated.⁹

"לְעֹלָם בָּהֶם תַּעֲבֹדוּ" – If buying Canaanite slaves is permitted in order to improve their lot, why does the Torah allow them to be enslaved eternally?¹⁰ If their bondage was limited, like that of an Israelite, would not their circumstances be that much better? R. Hirsch suggests that once someone is branded as a slave, he is always treated as one, even if he is supposedly granted equal rights.¹¹ As such, a slave's only salvation is to become a permanent part of an Israelite household who will ensure that he is not maltreated.¹² R. Hirsch, thus, asserts that the words "לְעֹלָם בָּהֶם תַּעֲבֹדוּ" constitute not merely permission, but an obligation to eternally enslave the Canaanite,¹³ as this is the only way to really protect such slaves.¹⁴

Hebrew slave – R. Hirsch emphasizes that the Oral Law teaches that there are only two instances in which a person can be sold as an Israelite slave: if he stole and does not have another way to repay the stolen goods,¹⁵ or if he is impoverished and voluntarily sells himself so as to survive.¹⁶ As such, these laws, too, were instituted to aid the slave (or ensure that justice is served), and do not condone otherwise taking away someone's liberty..

Spiritual Benefit

Enslavement of a Gentile gives him opportunities for moral and religious growth.

Sources:NetzivVayikra 25:44-46About R. Naftali Tzvi Yehuda Berlin, R. Dessler

"מֵהֶם תִּקְנוּ" – According to Netziv, buying slaves from neighboring lands is not merely permitted, but there is a positive Biblical commandment to do so, for in so doing one will remove them from idolatry.¹⁷

"גַם מִבְּנֵי הַתּוֹשָׁבִים" – Netziv suggests that this verse speaks specifically of  "בְּנֵי הַתּוֹשָׁבִים", who are still idolatrous, rather than the "גר תושב" himself who has already accepted monotheism.  There is only an obligation to buy slaves whose religious outlook will change as a result of the sale, for only in such a case is there a benefit to the slave.¹⁸

Eternal bondage – Since the purpose of enslavement is to bring the slave closer to God and moral perfection, it is illogical that he should be freed to perhaps return to his old ways., and so one is prohibited from freeing him.¹⁹

"וִיהִי כְנַעַן עֶבֶד לָמוֹ" – R. HirschBereshit 9:25Bereshit 9:27About R. Samson Raphael Hirsch asserts that in Noach's curse to Cham, one can already see that the goal of servitude is the spiritual uplifting of the enslaved. He suggests that Noach's words "וִיהִי כְנַעַן עֶבֶד לָמוֹ" are, in essence, a prayer that Canaan be enslaved to Shem so that he can thereby get close to God and correct his abased nature.

"עבודת פרך" – Netziv understands the term to refer to working without hope of freedom, rather than oppression.  The Torah is not implying that one  is allowed to oppress one's Canaanite slave; rather, it is simply contrasting the Canaanite slave, who was to be enslaved forever,²⁰ with the Israelite slave who has hope of emancipation.

Hebrew slaves

Concession to Reality

The institution of slavery is undesirable, and is permitted only as a concession to historical  circumstances or human nature.

Sources:Hoil MosheShemot 21:20About R. Moshe Yitzchak Ashkenazi, R. Avraham Yitzchak HaKohen KookLetters 89About R. Avraham Yitzchak HaKohen Kook,²¹

Does Torah represent an ideal? All these sources maintain that not all of the laws of Torah represent an eternal ideal or a perfect morality, and that some are instituted to address the unfortunate realities of human nature and/or economic and societal circumstances.  As such, in certain areas, the Torah presents not the highest moral standard but a required minimum.

The need for slavery – These sources differ in their understanding of the Torah's concession:

• Accommodation to economic reality –  R"N Rabinovich assumes that some of the Torah's laws, being written at a particular time in history, needed to address the reality of that time.  In Biblical times, slavery was a normative institution which, for economic reasons, would have been almost impossible for the people to renounce.  Ancient society relied on vast amounts of human labor and thought that it would be impossible to sustain a healthy economy without  slaves.²²  As such, the Torah allowed slavery, but regulated it, improving the existing institution. This paved the way for a later period in which it might be abolished altogether.
• Accommodation to human nature – R. Kook in contrast, appears to believe that certain laws come to address not a particular point in history, but an imperfect world in general:²³
• Combat natural exploitation of the weak – Since humans are naturally unequal, and the world is such that there are always rich and poor, various forms of enslavement and exploitation are a fact of life.²⁴ Given this reality, the Torah institutes legal, regulated slavery to combat the unregulated "natural slavery" (i.e. exploitation of the weak) in which the poor are unprotected.
• Elevate and protect the morally deficit – R. Kook further suggests that slavery is necessary in order to elevate those of low moral character, those who, if given freedom, would abuse it and bring evil into the world.

Protective laws – Laws such as the freeing of someone whose limb has been amputated, penalties for killing slaves, and forced rest on Shabbat, highlight how Torah endeavored to change the existing institution.

Hebrew slaves – The almost total eradication of Israelite slavery, which is really more like indentured servitude, served as an initial weaning away from the institution as a whole. Limiting slavery paved the way to later abolish it totally.

"מֵהֶם תִּקְנוּ" – This position emphasizes how there is no Torah obligation²⁵ buy a slave, because the Torah does not really find the act to be a positive one.

"עבודת פרך"

Eternal bondage

¹ The language of "כי תקנה" would appear to dispute this reading, but R Hirsch would likely explain that it simply means that one is allowed to buy a person who initiates the sale and wants to be enslaved. Voluntary enslavement was for the benefit of the slave who preferred the security of room and board over destitution, even if it meant a loss of freedom.

² For example, the Code of Hammurabi 282 states that a slave who defies his master would have his ears cut off, while Herodotus (4:2) speaks of how the Scythians would blind their slaves. Tanakh itself attests to similar treatment of captive slaves. See Shofetim 1:7 which shares how Adoni Bezek had cut off the hands and feet of those kings he had subdued or Shemuel I 11:2 where Nachash threatens to enslave and gouge out the right eyes of the people of Yavesh Gilad.  The Philistines similarly blind the captive Shimshon and the Babylonians do the same to Tzidkeyahu.  For other examples and discussion, see S. Rubinstein, "קדמוניות ההלכה", (Kovno,1926).

³ Another law that highlights the improved treatment of the slave under Israelite law is the obligation that he, too, rest every Shabbat.

⁴ This understanding is already laid forth in  Mekhilta DeRabbi Yishmael Shemot21:20About Mekhilta DeRabbi Yishmael Shemot and is the common explanation of the verse.

⁵ As late as 1669, a law passed by the General Assembly in Virginia stated that masters who killed their slaves in the act of punishing them were not held responsible for murder. [See a transcription of the law here, from: William Waller Hening, The Statutes at Large; Being a Collection of All the Laws of Virginia from the First Session of the Legislature, in the Year 1619 (New York: 1823): 2:270.]

⁶ R. Hirsch himself understands that the verse is referring to a Canaanite slave that belonged to an Israelite living outside of Israel. Since such a slave, despite being owned by a Jew,  would be subject to the attitudes and treatment prevalent in such foreign lands (who do not aide by Israelite laws), if he manages to escape, Torah forbids returning him to such cruelty.

⁷ In fact, one might have even expected that they be the ones who are highlighted.

⁸ In fact, he points to the Sifra25:46About the Sifra Vayikra and Bavli NiddahNiddah 47aAbout the Bavli who learn from the verse "לְעֹלָם בָּהֶם תַּעֲבֹדוּ" that one is only allowed to work a slave, not embarrass him or the like.

⁹ In other words, it is only the Israelite slave who cannot be treated in such a manner, since the only reason he subdued himself to another was out of pressing economic need.

¹⁰ G. Shmalo, "Orthodox Approaches to Biblical Slavery," The Torah U-Madda Journal 16 (2012-13): 1-20 raises a further ethical question.  Purchase of slaves, even if for the good of any individual slave, would seem to encourage more enslavement of people.  If foreign slavery was problematic, should not the Torah have discouraged the institution as a whole? He suggests that R. Hirsch and R. Uziel might respond that saving the already enslaved from their acute suffering is more important than the hypothetical affects of such actions on the slave trade as a whole.

¹¹ As proof, he points to the reality of his own day, writing , "האירועים המעציבים של זמנינו (המאבק על העבדים בארצות הברית, ומרד הכושים בג׳מייקה בשנת תרכ״ה) מראים כמה אומלל ונתון לפגיעה גורלו של עבד, בין אם נשללו זכויותיו על ידי משפט העמים המקובל, ובין אם הוענקו לו זכויות שוות אך בעיני כולם הוא עדיין נראה כעבד או כמי שהיה עבד".  One might further point to the fact that the Torah itself feels a need to warn the people that if an escaped slave comes to live among Israel, "do not oppress him," (Devarim 23:17) assuming that oppression of even a former slave is expected.

¹² One might question R. Hirsch's stance based on the fact that the Torah does not obligate one to enslave an escaped slave in order to ensure proper treatment, but simply mandates that one should treat him properly.

¹³ See the discussion in Bavli Gittin 38bGittin 38bAbout the Bavli, and the opinion of R. Yehuda and R. Akiva there.

¹⁴ He does accede, though, that under certain circumstances "לשם מצוה ולטעמי מוסר", this prohibition is overridden.

¹⁵ See Shemot 22:2

¹⁶ See Vayikra 25:39.

¹⁷ Though this is not explicit in Torah, the Netizv maintains that a Canaanite slave is like a partial covert.  He accepts monotheism, undergoes circumcision and is obligated in time bound commandments.

¹⁸ The Netziv is not explicit but might explain that though there is no obligation to do so, one is still permitted to enslave a monotheistic sojourner.  Even though such a sojourner has already abandoned idols, he has not yet accepted the yoke of mitzvot, so he, too, has what to gain spiritually by being enslaved and taking on non-time bound commandments.

¹⁹ One might suggest that he be emancipated in order to convert, but technically that might be perceived as "conversion under compulsion" which is not accepted.

²⁰ See above that this eternal enslavement is also considered in the interest of the slave, who will never have the opportunity to revert to idolatrous or immoral ways.

²¹ Other contemporary scholars also take this approach. See, for example, R"N Rabinovich, "דרכה של תורה - פרקים במחשבת ההלכה ואקטואליה" (Jerusalem, 1999):11-19. [For an abridged English version, see here.]

²² This concept is expressed by the Sifra who presents the people as responding to Hashem's limiting of Israelite slavery by saying, "הוֹאִיל וְאָסַרְתָּ לָנוּ אֶת כָּל אֵלּוּ, בַּמָּה נִשְׁתַּמַּשׁ?"  The Sifra itself is assuming that slavery is simply a necessity.  If one group is excluded, someone else must fill their place.

²³ According to R. Kook, then, it will only be in Messianic times, when the world reaches moral perfection, that the Torah's concessions will no longer be necessary.

²⁴ As an example, R. Kook points to the work conditions of coal miners.  Though these workers are free in the legal sense of the term, they are still "enslaved" to their employers who exploit them, unconcerned about the fact that work conditions will inevitably shorten the lifespan of their workers who lack light and air, and all too often are buried alive when a shaft collapses. Given such a reality, it is preferable to be a slave owned by a master who has a vested interest in his slave's life and well being, as the slave is his property.

²⁵ See Netziv above who reads this verse as constituting a positive command.