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The Torah does not ban slavery, nonetheless it should be banned. For many years people took slaves--even until recently, but the world is a better place without slavery. In Biblical times, people would take slaves from amongst their enemies, they would sell members of their family into slavery, and force their neighbors into slavery as payment for a debt. But a nation must not be built upon slaves, parents should not treat their children as possessions, and people are not property that can be bought or sold and become subjugated by a material debt. And yet, there is a type of slavery that's accepted even today. The only form of slavery that will be permitted in Israel, is that of a prisoner who will serve his debt to society for the term of his crime.
Even though the Torah does not ban slavery, it is obvious G-d did not Create us to be slaves. Furthermore, G-d Redeemed His people by Freeing them from the bondage of slavery and making them a nation of G-d. The children of Israel are not a free people that can do whatever they want, as G-d Redeemed us so we could live according to His Laws, but Israel will be a free country, so long as the people live according to G-d. If a person breaks the Laws of G-d, then he subjects himself to the Judgement of G-d. It's not enough that people are free. It is only if they take responsibility for themselves and for their actions, that freedom can be a Blessing for them. Those who live according to the soul, judging through reason alone, are in fact free people. But those who stray after the desires of their hearts and the temptations of their bodies, enslave themselves within dust, cursing themselves and everyone else. If a person is unable to make reasonable decisions, then someone else should decide for him, and thus he loses his freedom.
Therefore slavery was permitted, since Israel is already the servant of G-d. If a person is unable to make reasonable decisions, then at least as a slave he'll live according to G-d. Additionally, slavery was permitted in Biblical times as a financial necessity, although a Hebrew slave was treated almost like an employee. The Laws of the Torah ensured the proper treatment of Hebrew slaves, their freedom in the seventh year, and payment upon the "expiration" of their "contract;" for they were almost like contract employees. What's more, payment for labor is often expended on food and shelter, and the slaves were housed and fed, so that they were taken care of in return for their labor. They were still slaves in that they were the property of their masters and were not free to leave and act as they pleased, but they probably had a higher standard of life than the peasants of the past and the lower class of third world countries. Nonetheless, slavery is not accepted, nor is it necessary in our time; therefore it will not be permitted. Since the Torah sought to defend the rights of slaves and ensure their freedom, banning slavery is considered a progress in morality.
Here are the Laws of G-d concerning slaves:
Redemption of the firstborn: Every first issue of the womb belongs to G-d. (Exodus 13:1-2,11-16, and repeated elsewhere). Every firstborn son must be redeemed from the service of G-d. There will be no slavery today, therefore every firstborn son will be redeemed by freeing him from his responsibilities, although he should have a proper education and live a holy life before G-d. Every firstborn male from amongst the livestock also belongs to G-d, as a tax and an offering. Taxes today are also different, and are not limited to livestock, but when the Temple is rebuilt and offerings are resumed, an unblemished firstborn male from amongst the livestock of Israel should be offered to Hashem. Since not all will be sacrificed, their value will be paid in taxes.
Freeing a Hebrew slave: "If you buy a Hebrew bondsman, he shall work for six years; and in the seventh he shall go free, for no charge. If he shall arrive by himself, he shall leave by himself; if he is the husband of a woman, his wife shall leave with him. If his master will give him a woman and she bears him sons or daughters, the wife and her children shall belong to her master, and he shall go out by himself. But if the bondsman shall say, 'I love my master, my wife, and my children--I shall not go free;' then his master shall bring him to the court and shall bring him to the door or to the doorpost, and his master shall bore through his ear with the awl, and he shall serve him forever [until the Jubilee year]." (Exodus 21:2-6). Today this will not be so, for there will be no slavery. But for a prisoner who serves the government for the term of his crime: should he get married during his term, his wife and children will remain free as long as they committed no crime.
Sale of a daughter: "If a man will sell his daughter as a bondswoman, she shall not leave like the leavetaking of the slaves. If she is displeasing in the eyes of her master, who should have designated her for himself, he shall assist in her redemption; he shall not have the power to sell her to a strange man, for he had betrayed her. If he had designated her for his son, he shall deal with her according to the rights of the young woman. If he shall take another in addition to her, he shall not diminish her food, her clothing, or her marital relationship. If he does not perform these three for her, she shall leave free of charge, without payment." (Exodus 21:7-11). Of course, today there will be no such thing. A man cannot sell his daughter into marriage or slavery. The daughters of Israel are free to marry as they please. But should a man take another wife, in addition to his wife (or wives), he shall not diminish the food, clothing, or marital relationship of any other wife. Should he do this, the woman would be free to leave with all the rights of a divorcee. [Read more on this topic in Marriage and Family.]
Killing a slave: "If a man shall strike his slave or maidservant with the rod and he shall die under his hand, he shall surely be avenged. But if he will survive for a day or two, he shall not be avenged, for he is his property." (Exodus 21:20-21). Murder is murder, even when killing slaves, prisoners, or servants. Any person who commits an intentional act of murder, will die for his crime. But if an overseer will strike his prisoner, and the prisoner will not die, then this is not act of murder, and will be tried differently.
Injuring a slave: "If a man shall strike the eye of his slave or the eye of his maidservant and destroy it, he shall set him free in return for his eye. And if he knocks out the tooth of his slave or the tooth of his maidservant, he shall set him free in return for his tooth." (Exodus 21:26-27). For severely injuring a prisoner, even though he is a convict serving the term of his crime, the criminal would be freed. It was his punishment to serve like a slave and thus repay his debt to society; but should his overseer strike and injure him, he should be freed on account of his injury, since he did not deserve this punishment and was sinned against, unjustly. If a wife is harmed by her husband, she will be free to leave with all the rights of a divorcee, for it is a sin to strike your wife, although she is not a slave, and is free to leave anyway.
Treatment of Hebrew slave: "If your brother becomes impoverished with you and is sold to you; you shall not work him with slave labor. Like a laborer or a resident shall he be with you; until the Jubilee Year shall he work with you. Then he shall leave you, he and his children with him; he shall return to his family, and to his ancestral heritage shall he return. For they are My servants, whom I have Taken out of the land of egypt; they shall not be sold in the manner of a slave. You shall not subjugate him through hard labor--you shall fear your G-d." (Leviticus 25:39-43). In our time, when a person becomes indebted he can file for bankruptcy and be cleared of his debts immediately--after having lost his possessions. In the time of the Bible, debts were cleared only in the seventh year. Today people will not be enslaved for a debt. Although if the debt is for a crime, then a person will be enslaved according to the terms of his sentence. And since even a Hebrew slave was to be treated with respect, then so should Hebrew workers be treated all the better.
Foreign slaves and slaves to foreigners: According to Leviticus 25:44-55, the children of Israel can purchase slaves from foreign nations and from the foreigners in their midst. This will not be permitted today, as it would be a curse upon Israel. Israel will not depend upon foreign workers, nor will the country be populated by foreigners. In the past, Israel should have expelled these foreigners, as should be done today. Any foreigner who will be allowed to live in Israel, will become a part of Israel and will in fact be treated as a brother, not a slave. Likewise, there will be no Hebrew slaves of foreigners in Israel, as slavery will not be tolerated in the first place. But should a foreigner become imprisoned in Israel for a crime, then he will serve his term as any other person in Israel.
Paying a Hebrew slave: "If your brother, a Hebrew man or a Hebrew woman, will be sold to you, he shall serve you for six years, and in the seventh year you shall send him away from you free. But when you send him away from you free, you shall not send him away empty handed. Adorn him generously from your flocks, from your threshing floor, and from your wine cellar; as Hashem, your G-d, Has Blessed you, so shall you give him. You shall remember that you were a slave in the land of egypt, and Hashem, your G-d, Redeemed you; therefore, I command you regarding this matter today." (Deuteronomy 15:12-15). You can't send a slave away empty handed, for how would he survive? Furthermore, a Hebrew slave was treated like a worker, so much so, that he was even paid upon his redemption. People must be paid for their labor, even today. Even if workers are being taken care of, there will be a time when they leave and will depend upon this payment. A soldier, a kibbutznik, and even a prisoner who does labor; all should be paid a fair amount, for they depend upon this payment.
Treatment of workers and business practices:
Honest dealings: "You shall not commit a perversion in justice, in measures of length, weight, or volume. You shall have correct scales, correct weights, correct dry measures, and correct liquid measures--I Am Hashem, your Judge, Who Brought you forth from the land of egypt. You shall observe all My Decrees and all My Ordinances, and you shall perform them--I Am Hashem." (Leviticus 19:35-37). It is a sin to cheat anyone from what is rightfully his. This includes the payment of a worker and the labor of a worker; the payment for a product or a service, and the amount that is received for the payment. If a perversion in justice is committed, in that someone cheats another out of what is rightfully his, this is called stealing, and will be dealt with accordingly. "You shall not have in your pouch a weight and a weight--a large one and a small one. You shall not have in your house a measure and a measure--a large one and a small one. A perfect and honest weight shall you have, a perfect and honest measure shall you have, so that your days shall be lengthened on the Land that Hashem, your Judge, Gives you. For an abomination of Hashem, your Judge, are all who do this, all who act corruptly." (Deuteronomy 25:13-16). If there should be corruption in Israel, and the children of Israel should act corruptly, then what right do we have to posses the Land and call ourselves a nation of G-d? For we would be expelled, as we were in the past.
Right to eat: "When you come into the vineyard of your fellow, you may eat grapes as is your desire, to your fill, but you may not put into your vessel. When you come into the standing grain of your fellow, you may pluck ears with your hand, but you may not lift a sickle against the standing grain of your fellow." (Deuteronomy 23:25-26). This means a worker has the right to eat from his labor, but not to profit from it, for he can eat from the grapes and the grain of his fellow, according to his desire, while he is there, but he can't take the grapes or harvest the grain for himself, as this is called stealing. Even a person who does not work the land of his fellow, can do the same while he is there as a guest on his fellow's land. But to enter without permission, in order to eat, is called stealing. This is important, as a worker has the right to enjoy the fruits of his labor, that he should take pride in himself and in his work, and not feel as if he labors only for others--for it is also to his own benefit. And a guest on his fellow's land should take pride in his fellow's success, for it is also to his benefit that his brother succeeds.
Not to take a necessity as a pledge: "One shall not take a lower or upper millstone as a pledge, for he would be taking a life as a pledge." (Deuteronomy 24:6). It is Forbidden to take someone's means of a livelihood as payment or as collateral for a debt. Not only would you deprive the person of his means to pay the debt, you would also deprive him of his means of a livelihood--thus taking a life as a pledge. It is Forbidden to do such a thing, in all practices.
Treat a debtor with dignity: "When you make your fellow a loan of any amount, you shall not enter his home to take security for it. You shall stand outside; and the man to whom you lend shall bring the security to you outside. If that man is poor, you shall not sleep with his security. You shall return the security to him when the sun sets, and he will sleep in his garment and bless you, and for you it will be an act of righteousness before Hashem, your Judge." (Deuteronomy 24:10-13). This applies for any debt; even when a person buys on credit and was thus loaned money for the purchase. A debtor deserves his dignity, for although he might owe a material amount, he does not owe his soul and should be allowed to live with his pride.
Timely payment of workers: "You shall not cheat a poor or destitute hired person among your brethren or among the strangers who are in your Land, within your gates. On his day shall you pay his hire; the sun shall not set upon him, for he is poor, and his life depends on it; let him not call out against you to Hashem, for it shall be a sin in you." (Deuteronomy 24:14-15). If a worker is poor and depends upon his daily wage, then he should be paid that day [or the day it is due] and not have to wait. It would be a sin to hire a worker and not have the means to pay. For if he depends upon the due payment, then you would be cheating him out of what is rightfully his, that which his life depends upon; which is a big sin.
Consideration for the weak: "You shall not pervert the judgement of a proselyte or orphan, and you shall not take the garment of a widow as a pledge. You shall remember that you were a slave in egypt, and Hashem, your Judge, Redeemed you from there; therefore I command you to do this thing." (Deuteronomy 24:17-18). People will be treated fairly, even if they are weak and vulnerable, for all are weak and vulnerable in the Eyes of G-d. In all matters, Justice must be served; you can't take advantage of someone because you think he's inferior to you and is too weak to defend himself. A widow must be treated with respect, although she might have been deprived of her source of strength, and an orphan will be treated properly, especially since he's alone in the world and vulnerable.
Remember amalek: "Remember what amalek did to you, on the way, when you were leaving egypt, that he happened upon you on the way, and he struck those of you who were hindmost, all the weaklings at your rear, when you were faint and exhausted, and he did not fear G-d. It shall be that when Hashem, your G-d, Gives you rest from all your enemies all around, in the Land that Hashem, your G-d, Gives you as an inheritance to possess it, you shall wipe out the memory of amalek from under the heaven--you shall not forget!" (Deuteronomy 25:17-19). Wiping out the memory of amalek is also to ensure such a thing should not happen again. It is a big sin to attack an innocent person, when he is weak and vulnerable and cannot defend himself. In matters of business, this is Forbidden, and in matters of action it cannot be tolerated. It should be treated with utmost importance, that such an outrage should never occur in Israel. | |