SLAVERY
Wednesday, September 04, 2013
Questions have
been asked on the topic of slavery. After personal study review, including
discovering that the typical dealer or holder in today’s world is Muslim, for
several reasons I’ve decided not to write a DT series on the topic. What I’m
doing for those seriously interested in the subject is providing file from
International Standard Bible Encyclopedia, a scholarly work. I encourage printing
of hard copy, reading straight thru at first, then rereading including looking
up all Scripture references and considering in context. As always, if you have
question or comment, do not hesitate to express. EBB4
Slave;
Slavery
slāv, slāv´ẽr-i:
1. Acquiring of Slaves
2. Hebrews as War Captives
3. Freedom of Slaves
4. Rights of Slaves
5. Rights of Slave Masters
6. The New Testament Conception
LITERATURE
The origin of the term “slave” is traced to the German sklave,
meaning a captive of the Slavonic race who had been forced into servitude
(compare Slav); French esclave, Dutch slaaf, Swedish slaf,
Spanish esclavo. The word “slave” occurs only in Jer_2:14 and in Rev_18:13,
where it is suggested by the context and not expressed in the original
languages (Hebrew yelı̄dh bayith,
“one born in the house”; Greek sṓma,
“body”). However, the Hebrew word עבר, ‛ebhedh, in the Old Testament and
the Greek word δοῦλος, doúlos, in the New Testament more properly might have been
translated “slave” instead of “servant” or “bondservant,” understanding though
that the slavery of Judaism was not the cruel system of Greece, Rome, and later
nations. The prime thought is service; the servant may render free
service, the slave, obligatory, restricted service.
Scripture statement rather than philological
study must form the basis of this article. We shall notice how slaves could be
secured, sold and redeemed; also their rights and their masters' rights,
confining the study to Old Testament Scripture, noting in conclusion the New
Testament conception. The word “slave” in this article refers to the Hebrew
slave unless otherwise designated.
1. Acquiring of Slaves:
Slaves might be acquired in the following ways,
namely:
(1)
Bought.
There are many instances of buying slaves (Lev_25:39 ff). Hebrew slavery broke into the
ranks of every human relationship: a father could sell his daughter (Exo_21:7; Neh_5:5);
a widow's children might be sold to pay their father's debt (2Ki_4:1); a man could sell himself (Lev_25:39, Lev_25:47);
a woman could sell herself (Deu_15:12, Deu_15:13, Deu_15:17),
etc. Prices paid were somewhat indefinite. According to Exo_21:32 thirty shekels was a standard price,
but Lev_27:3-7 gives a scale of from 3
to 50 shekels according to age and sex, with a provision for an appeal to the
priest in case of uncertainty (Lev_27:8).
Twenty shekels is the price set for a young man (Lev_27:5),
and this corresponds with the sum paid for Joseph (Gen_37:28).
But in 2 Macc 8:11 the price on the average is 90
for a talent, i.e. 40 shekels each. The ransom of an entire talent for a single
man (1Ki_20:39) means that unusual
value (far more than that of a slave) was set on this particular captive.
There were certain limitations on the right of
sale (Exo_21:7 ff).
(2)
Exchange.
Slaves, i.e. non-Hebrew slaves, might be traded
for other slaves, cattle, or provisions.
(3)
Satisfaction of Debt.
It is probable that a debtor, reduced to
extremity, could offer himself in payment of his debt (Lev_25:39), though this was forbidden in the Tōrath Kōhănı̄m; compare 'Ōcar Yisrā'ēl, vii. 292b. That a creditor could sell into slavery a
debtor or any of his family, or make them his own slaves, has some foundation
in the statement of the poor widow whose pathetic cry reached the ears of the
prophet Elisha: “Thy servant my husband is dead;... and the creditor is come to
take unto him my two children to be bondsmen” (2Ki_4:1).
(4)
Gift.
The non-Hebrew slave, and possibly the Hebrew
slave, could be acquired as a gift (Gen_29:24).
(5)
Inheritance.
Children could inherit non-Hebrew slaves as their
own possessions (Lev_25:46).
(6)
Voluntary Surrender.
In the case of a slave's release in the seventh
year there was allowed a willing choice of indefinite slavery. The ceremony at
such a time is interesting: “Then his master shall bring him unto the judges
(margin), and shall bring him to the door, or unto the door-post; and his
master shall bore his ear through with an awl; and he shall serve him for ever”
(Exo_21:6). A pierced ear probably
meant obedience to the master's voice. History, however, does not record a
single instance in which such a case occurred.
(7)
Arrest.
“If the thief be found breaking in,... he shall
make restitution: if he have nothing, then he shall be sold for his theft” (Exo_22:2, Exo_22:3).
(8)
Birth.
The children of slaves, born within the master's
house of a wife given to the slave there, became slaves, and could be held,
even if the father went free (Exo_21:4;
compare Lev_25:54).
(9)
Capture in War.
Thousands of men, women and children were taken
in war as captives and reduced, sometimes, to most menial slavery. Such
slavery, however, was more humane than wholesale butchery according to the
customs of earlier times (Nu 31:7-35). Males were usually slain and females
kept for slavery and concubinage (Deu_21:10,
Deu_21:11, Deu_21:14).
Captive slaves and bought slaves, “from nations round about,” forced moral ruin
into Israel's early civilization. See SIEGE, 3.
The two principal sources of slave supply were
poverty in peace and plunder in war.
2. Hebrews as War Captives:
The Hebrews themselves were held as captive
slaves at various times by (1) Phoenicians (the greatest slave traders of
ancient times), (2) Philistines, (3) Syrians (2Ki_5:2
ff), (4) Egyptians, and (5) Romans. There must have been thousands subjected to
severest slavery. See also EGYPT; ISRAEL; PHARAOH; SERVANT, etc.
3. Freedom of Slaves:
The freedom of slaves was possible in the
following ways:
(1)
By Redemption.
Manumission by redemption was common among the
Hebrews. The slave's freedom might be bought, the price depending on (a)
the nearness to the seventh year or the Jubilee year, (b) the first
purchase price, and (c) personal considerations as to age and ability of
the one in bondage. A slave could be redeemed as follows: (a) by
himself, (b) by his uncle, (c) by his nephew or cousin, (d)
or by any near relative (Lev_25:48-55).
The price depended on certain conditions as indicated above.
(2) By
the Lapse of Time.
The seventh year of service brought release from
bondage. “If thou buy a Hebrew servant (margin “bondman”), six years he shall
serve: and in the seventh he shall go out free for nothing” (Exo_21:2-4).
(3)
By the Law of the Jubilee Year.
The year of Jubilee was the great year when
slaves were no longer slaves but free. “He shall serve with thee unto the year
of jubilee: then shall he go out from thee, he and his children ... return unto
his own family, and unto the possession of his fathers” (Lev_25:40 f).
(4)
By Injury.
A servant whose master maimed him (or her), in
particular by causing the loss of an eye or even a tooth, was thereby freed (Exo_21:26 f).
(5)
By Escape.
(Deu_23:15
f; 1Ki_2:39). See “Code of H̬ammurabi” in HDB (extra vol, p. 600) and compare Phm_1:12 ff.
(6)
By Indifference.
In case of a certain kind of female slave, the
neglect or displeasure of her master in itself gave her the right to freedom (Exo_21:7-11; Deu_21:14).
(7)
By Restitution.
A caught thief, having become a bondsman, after
making full restitution by his service as a slave, was set at liberty (Exo_22:1-4).
(8)
By the Master's Death.
“And Abram said,... I go childless, and he that
shall be possessor of my house is Eliezer of Damascus ... and, lo, one born in
my house is mine heir” (Gen_15:2 f).
This passage has been mistakenly supposed to indicate that a master without
children might give freedom to a slave by constituting the slave an heir to his
possessions. But on the contrary, Abram seems to contemplate with horror the
possibility that Eliezer will take possession of his goods in the absence of an
heir. In view of the fact that adoption, the adrogatio of the Roman law,
was unknown both to Biblical and Talmudic law (see Jewish Encyclopedia,
under the word), the statement in Gen_15:2
does not seem to indicate any such custom as the adoption of slaves. If any
method of emancipation is here suggested, it is by the death of the master
without heir, a method thoroughly discussed in the Talmud (mı̄thath hā-'ādhōn).
(9)
By Direct Command of Yahweh.
“The word that came unto Jeremiah from Yahweh,...
that every man should let his man-servant, and ... his maid-servant, that is a
Hebrew or a Hebrewess, go free; that none should make bondsmen of them ... they
obeyed, and let them go” (Jer_34:8-10).
The nine methods here enumerated may be
classified thus:
A. By operation of
law:
1. By lapse of
time.
(a) After serving six years or other contractual
period. See (2) above.
(b) Upon the approach of the Jubilee year. See (3)
above.
2. By death of the
master without heirs. See (8) above.
B. By act of the parties:
1. By an act of
the master.
(a) Voluntary manumission, including (9) above.
(b) Indifference in certain cases. See (6) above.
(c) Maiming servant. See (4) above.
2. By act of the
servant.
(a) Redemption. See (1) above.
(b) Restitution. See (7) above.
(c) Escape. See (5) above.
3. By act of a
third party.
Redemption - (1) above.
4. Rights of Slaves:
As noted in the beginning of this article, the
Hebrew slaves fared far better than the Grecian, Roman and other slaves of
later years. In general, the treatment they received and the rights they could
claim made their lot reasonably good. Of course a slave was a slave, and there
were masters who disobeyed God and even abused their “brothers in bonds.” As
usual the unfortunate female slave got the full measure of inhuman cruelty.
Certain rights were discretionary, it is true, but many Hebrew slaves enjoyed valuable
individual and social privileges. As far as Scripture statements throw light on
this subject, the slaves of Old Testament times might claim the following
rights, namely:
(1)
Freedom.
Freedom might be gained in any one of the
above-mentioned ways or at the master's will. The non-Hebrew could be held as a
slave in perpetuity (Lev_25:44-46).
(2)
Good Treatment.
“Thou shalt not rule over him (Hebrew slave) with
rigor, but shalt fear thy God... Ye shall not rule, one over another, with
rigor” (Lev_25:43, Lev_25:46). The non-Hebrew seemed to be left
unprotected.
(3)
Justice.
An ancient writer raises the query of fairness to
slaves. “If I have despised the cause of my man-servant or of my maid-servant,
when they contended with me; what then shall I do when God riseth up?” (Job_31:13 f). No doubt the true Hebrew master
was considerate of the rights of his slaves. The very fact, however, that the
Hebrew master could punish a Hebrew slave, “to within an inch of his life,”
gave ready opportunity for sham justice. “And if a man smite his servant, or
his maid (“bondman or bondwoman”), with a rod, and he die under his hand; he
shall surely be punished. Notwithstanding, if he continue a day or two, he
shall not be punished; for he is his money” (Exo_21:20
f).
(4)
Family.
The slave before his release might have his wife
and children (Exo_21:5).
(5)
Voluntary Slavery.
Even when the seventh year came, the slave had a
right to pledge himself, with awl-pierced ear, to perpetual service for his
master (Exo_21:5 f; Deu_15:16). The traditional interpretation of
“forever” in these passages is “until the next Jubilee year” (compare Ḳiddūshı̄n 21).
(6)
Money or Property.
Some cases at least indicate that slaves could
have money of their own. Thus, if a poor slave “waxed rich” he could redeem
himself (Lev_25:49). Compare 1Sa_9:5-10, where, however, the Hebrew
throughout calls the “servant” na‛ar, “a youth,” never ‛ebhedh.
(7)
Children.
If married when free, the slave could take wife
and children with him when freedom came, but if he was married after becoming a
slave, his wife and children must remain in possession of his master. This law
led him often into perpetual slavery (Exo_21:3
f).
(8)
Elevation.
A chance to rise was allowable in some instances,
e.g. Eliezer, a foreign slave in a Hebrew household, and Joseph, a Hebrew slave
in a foreign household. Each rose to a place of honor and usefulness (Gen_15:2; Gen_39:4).
(9)
Religious Worship.
After being circumcised, slaves were allowed to
participate in the paschal sacrifice (Exo_12:44)
and other religious occasions (Deu_12:12).
(10)
Gifts.
Upon obtaining freedom, slaves, at the discretion
of masters, were given supplies of cattle, grain and wine (Deu_15:13 f).
5. Rights of Slave Masters:
The rights of a slave master may briefly be
stated as follows: (1) to hold as chattel possession his non-Hebrew slaves (Lev_25:45); (2) to leave such slaves as an
inheritance for his children (Lev_25:46);
(3) to hold as his own property the wife and children of all slaves who were
unmarried at the time they became slaves (Exo_21:4);
(4) to pursue and recover runaway slaves (1Ki_2:39-41);
(5) to grant freedom at any time to any slave. This is implied rather than
stated. Emancipation other than at the Sabbatical and Jubilee years was
evidently the right of masters; (6) to circumcise slaves, both Jew and Gentile,
within his own household (Gen_17:13, Gen_17:23, Gen_17:27);
(7) to sell, give away, or trade slaves (Gen_29:24.
According to Tōrath Kōhănı̄m a Hebrew servant could be
sold only under certain restrictions. See 1, (1)); (8) to chastise male and
female slaves, though not unto death (Exo_21:20);
(9) to marry a slave himself, or give his female slaves in marriage to others (1Ch_2:35); (10) to marry a daughter to a slave (1Ch_2:34 f); (11) to purchase slaves in foreign
markets (Lev_25:44); (12) to keep,
though not as a slave, the runaway slave from a foreign master (Deu_23:15, Deu_23:16.
See 3, (5)); (13) to enslave or sell a caught thief (Gen 44:8-33; Exo_22:3); (14) to hold, in perpetuity,
non-Hebrew slaves (Lev_25:46); (15) to
seek advice of slaves (1Sa_25:14 ff;
but the reference here is open to doubt. See 4, (6)); (16) to demand service (Gen_14:14; 24).
Throughout Old Testament times the rights of both
slaves and masters varied, but in general the above may be called the accepted
code. In later times Zedekiah covenanted with the Hebrews never again to
enslave their own brothers, but they broke the covenant (Jer_34:8).
6. The New Testament Conception:
There were slaves during New Testament times. The
church issued no edict sweeping away this custom of the old Judaism, but the
gospel of Christ with its warm, penetrating love-message mitigated the
harshness of ancient times and melted cruelty into kindness. The equality,
justice and love of Christ's teachings changed the whole attitude of man to man
and master to servant. This spirit of brotherhood quickened the conscience of
the age, leaped the walls of Judaism, and penetrated the remotest regions. The great
apostle proclaimed this truth: “There can be neither Jew nor Greek, there can
be neither bond nor free,... ye all are one man in Christ Jesus” (Gal_3:28). The Christian slaves and masters are
both exhorted in Paul's letters to live godly lives and make Christ-like their
relations one to the other - obedience to masters and forbearance with slaves.
“Bondservants (m), be obedient unto ... your masters,... as bondservants (m) of
Christ ... And, ye masters ... forbear threatening:... their Master and yours is
in heaven, and there is no respect of persons with him” (Eph_6:5-9).
Christ was a reformer, but not an anarchist. His
gospel was dynamic but not dynamitic. It was leaven, electric with power, but
permeated with love. Christ's life and teaching were against Judaistic slavery,
Roman slavery and any form of human slavery. The love of His gospel and the
light of His life were destined, in time, to make human emancipation earth-wide
and human brotherhood as universal as His own benign presence.
Literature.
Nowack,
Hebrew Arch.; Ewald, Alterthumer, III, 280-88; Grunfeld, Die
Stellung des Sklaven bei den Juden, nach bibl. und talmud. Quellen, 1886;
Mielziner, Die Verhaltnisse der Sklaven bei den alter Hebrdern, 1859;
Mandl, Das Sklavenrecht des Altes Testament, 1886; Kahn, L'esclavagedans
la Bible et le Talmud, 1867; Sayce, Social Life among the Assyrians and
Babylonians; Lane, Manners and Customs of Modern Egyptians, 205; Arabian
Nights, I, 64 ff; Thomson, LB; McCurdy, HPM, 1894; Trumbull, Studies
in Oriental Social Life, 1894. There is a wealth of material in the
Talmudic tractate Ḳiddūshı̄n (pp. 17-22).
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