Slavery and the Jewish tradition ~ Class #3 ~ Middle Ages / Codes

(4) If one comes and tells you: "I am going to sell myself to a heathen," you are not obligated to pay attention to him unless he has sold himself already. But after he has sold himself to a heathen, even though he has broken the law and acted wrongfully, it is a duty to redeem him, so that he may not become assimilated with idolaters, as it is written: "After he has sold himself he should be bought back."

(5) Whether he sells himself or is sold by the court, he must not be sold publicly at an auction place or in a backstreet, as slaves are generally sold, for it is written: "They must not be sold as slaves are sold" (Leviticus 25:42). He should rather be sold privately and politely.

(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". This implies that the Hebrew slave is to do for the master only what is time-marked and needed.

When a Jewish person sells his slave to an idolater, 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.

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.

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.

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.

When a slave flees from the diaspora to Eretz Yisrael, he should not be returned to slavery. Concerning such a person, the Torah (Deut. 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.

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 (Deut. 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 oppressive speech.

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.

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 - for behold the text says: "like the eyes of the slaves to the hands of their master; like the eyes of the maidservant to the hand of her mistress - so our eyes are toward Ad-nai our God, awaiting His favor. " (Psalms 123:2) And so a master should not 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, as it is explained in the good ways of Job, who was able to defend himself with "Did I ever brush aside the case of my servants, man or maid, when they made a complaint against me?" (Job 31:13) and "Did not He who made me in my mother’s belly make him? Did not One form us both in the womb?" (Job 31:15). 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).

(4) And the commandment is practiced by males, but not by females - as a woman does not acquire a Hebrew slave (Bava Metzia 71a). And [this is] specifically when Israel is dwelling on its land - as so does the received explanation (Arakhin 29a) come [to tell us], that [the law of] a Hebrew slave is only practiced when the Jubilee is practiced. And it is explicit (Arakhin 32b) that the law of Jubilee is only in the Land. And one who transgresses it and does not do to the slave that which is written about him, negates a positive commandment, and also teaches his soul to be cruel. And it is almost as if he testifies about himself that he is not from the Children of Israel, since they are merciful ones [who are] the children of merciful ones (Shabbat 97a; Yevamot 79a).

And given that the foundation of this commandment is in order to proliferate people's service of their Creator, the Sages, may their memory be blessed, permitted [to transgress] this commandment whenever its nullification would cause [the fulfillment of] another commandment - and even for the sake of a rabbinic commandment, such as if there were not ten (a quorum) in the Synagogue and they needed to free the slave to complete the quorum (see Berakhot 47b). And let it not be difficult to you: how we can forsake this positive biblical commandment for the sake of a rabbinic one? As it is because the foundation of the commandment is only the proliferation of His service, blessed be He: Since by manumitting him now, a commandment will be fulfilled. Moreover, he, himself will be increased in commandments that he was not obligated before the freeing. And this is [the understanding of] their, may their memory be blessed, saying (Berakhot 47b) that is is permissible to free him - as they received the matter like this.