As some of
you know, I have recently returned from a trip to some parts of Africa.
Each time I visit that continent, I cannot help but recall that dark chapter of its history, the one relating to the slave trade. An estimate of 12 million slaves entered the Atlantic Trade between the 16th and 19th centuries, according to the Trans-Atlantic Slave Trade database. Many died on board the ships that carried them and those that survived were subject to horrendous treatment upon arriving in the New World.
Each time I visit that continent, I cannot help but recall that dark chapter of its history, the one relating to the slave trade. An estimate of 12 million slaves entered the Atlantic Trade between the 16th and 19th centuries, according to the Trans-Atlantic Slave Trade database. Many died on board the ships that carried them and those that survived were subject to horrendous treatment upon arriving in the New World.
Slavery is
an old practice that was prevalent in the ancient world. It is first mentioned
in the Hamurabi Code of Laws. Even the Tanach addresses the issue, though overall,
it opposes such a practice as reflected in Leviticus 25:55 “for
the Israelites belong to me as servants. They are my servants, whom I brought
out of Egypt. I am the LORD your God.” Personal freedom is considered a prime
value in Jewish Scriptures and is even given a special recognition in the first
of the Ten Commandments in Exodus 20:2 “I am the Lord your God, who brought you out of Egypt, out of the house of bondage.”
Moreover,
Torah laws forbid the theft of people for the purpose of selling them as slaves
(Deuteronomy, 24:7). Whoever engages in such antics is sentenced to death
(Exodus 21:16). The law mentioned in Deuteronomy 23:16 which forbids the surrendering
of an escaped slave, back to his or her owner, is an exception in the ancient
near east and is unique to Judaism.
The Hebrew
word for “slave” is eved and is derived from the word La’avod (to
work). It means “a non-paid worker.” Slaves, according to the Torah, are the
property of their owners until the time of their release.
Unlike
modern day slavery (which unfortunately we still witness in some parts around
the world), in both the Hamurabi Code and the Tanach, it is a form of paying
debts. A person who was unable to pay off his or her debt would give one of
their family members to the lender as a payoff. Both sources believe that it is
a way to restore the debtors to their previous status in a “more dignified” manner
and can be done by court order only.
One of the
differences between the two sources is that the “slavery” period is only three
years, according to Hamurabi, whereas the Tanach ( Exodus and Deuteronomy)
doubled the period to six years probably in an effort to synchronize it with
the six working days of the week or the six years before Shmita.
That, perhaps, is the reason why, according to the Torah, the master is
required to bestow gifts on the slave upon his release.
It is also
noteworthy to mention, at this stage, the essential difference between the
verses addressing the slave in Exodus and Deuteronomy. Unlike the former, the
latter equates male and female slaves which, for ancient times and patriarchal
societies was rather unique.
Another
difference between the Hamurabi Code and the Torah concerns disobediant slaves.
While both discuss branding their ear for following their insubordination and rebellion
against their master, the Hamurabi Code is a form of punishment involving the
removal of the ear while in the Torah, it merely involves piercing and comes to
symbolize “eternal slavery.”
The aforementioned difference is an excellent example of how the Biblical law maker takes an ancient law and bends it to suit the needs, values of the Yisraelite culture of the First Temple era.
Though the above discussion applies only to Hebrew slaves, Maimonides (1138-1205) was the first to address the duty towards the humane treatment of gentile slaves. In his Mishneh Torah (Laws of Slaves 1: 6), he expresses uneasiness with the treatment of gentile slaves which the Torah sanctions to work with “harsh labour” (b'farekh).
It is not in
vain that Maimonides is considered the first ever abolitionist.
Let me
finish with some of his quotes on slavery which are laced with Tanach quotes,
all reflecting his wisdom and compassion in accordance with Jewish Scriptures
and moral code:
“It is
permissible to have a Canaanite slave perform excruciating labour (farekh).
Although this is the law, piety and of wisdom require a person to be
compassionate, pursue justice and not to overburden his slaves, or inflict distress
upon them.
He should feed them and give them drinks from
all his available food and drink. This was the practice of the ancient Sages
who would feed their slaves the same dishes that they themselves partook and feed
their animals and slaves before they did themselves.
As is
written in Psalms 123:2 “As the eyes of slaves look to the hand of their master,
as the eyes of a female slave look to the hand of her mistress,
so our eyes look to the Lord our God, till he shows us his mercy.”
as the eyes of a female slave look to the hand of her mistress,
so our eyes look to the Lord our God, till he shows us his mercy.”
Similarly, a
master should not abuse a slave verbally or physically. Torah only intended
work for them, not humiliation. One should speak kindly to them and pay
attention to their grievances as Job 31:13-15 states:
“If I have denied justice to any of my servants, whether male or female, when they had grievance against me, what will I do when G-d confronts me? What will I answer when called to account? Did not He who made me in the womb make them? Did not the same One form us both within our mothers?”
May we all
follow in the footsteps of Maimonides’s prudent and sensible legacy and protect
and defend the dignity of Man.
Shabbat
Shalom
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