by jimwalton » Tue Feb 13, 2018 4:34 pm
> You're trying to give the impression that these were just little paddy-whacks on the bottom
There is no real way to know what these were, and we are misguided to just assume.
You probably read that I also said that Exodus is casuistic law—hypothetical situations to guide a judge. None of it may ever have happened, but maybe it did. I was in a course a few days ago to be able to conceal-carry a handgun. They were telling us about when it is proper during a robbery to use lethal force. So we started hauling out hypothetical situations: "What if the perp doesn't have a gun, but a baseball bat?" "What if he just threatened with his fists?" "What if he has a wine bottle in his hands to crack over the victim's head?" "What if he has a knife?" Ad infinitum. These are just hypothetical situations to guide us in knowing what to do. It doesn't mean they happen, though some do.
Secondly, the word "beats" is a generic word that can mean anything from punch to kill. We can't assume his utter brutality.
Third, "if the slave gets up after a day or two" could be a way of saying that there was no serious injury. After all, the text deals with the reality of serious injury: the slave gets to go free if he is in any way injured (vv. 26-27). The rest of the chapter (vv. 12-36) is giving other guidances about personal injury also. Verse 25, though specifically talking about a hypothetical situation would also be used by a judge about slavery. The eye-for-eye shows that the punishment was to fit the crime, and injury would be retributed by commensurate injury, some financial compensation, or even freedom for the slave.
> Also, you just say that the slave is a person with rights and dignity.
Sure. There is no evidence of chattel slavery in ancient Israel, and possibly even in the ancient Near East (ANE). The overall textual evidence from the ANE shows that slaves had certain rights—they could own property, for instance, or determine inheritance. Or they could become free, as the Bible allows, given certain circumstances. They were typically not bought and sold, opposite as the case in the medieval and modern worlds. The OT affirms the full personhood of these debt-servants (Gn. 1.26-27; Job 31.13-15; Dt. 15.1-18), and this passage is no exception. It affirms the servant's full personhood. If the servant dies, the master is to be tried for capital punishment. The servant is to be treated as a human being with dignity, not as property.
> You say that "property" is an unfortunate translation, but "money" also gives the same impression: Money is simply an economic tool. The passage here is saying basically that there's no real moral element to beating a slave so that they can't work for a day or so, maybe more ... the only real issue is an economic issue to do with money.
You are mistaken here. The point is that the debt-servant is part of the owner's economic template, and loss of work from a servant is loss of income as well as possible medical expenditures. It's the same in our modern world. When you're out sick, hypothetically, you work doesn't get done, and so productivity is cut from the employer. That's the sense of the passage.
It's not at all saying there is no real moral element to beating a slave. The whole passage (Ex. 21.12-36) relates to personal injury and the moral element to all of it. You can't separate the verses on slaves as if they aren't part of the context. The whole piece is talking about casuistic law pertaining to personal infractions, whether kidnapping, cursing parents, pregnant women, slaves, or animals. It is meant to be taken as a section, not lifted out of context to be misconstrued.
> I'd probably examine my beliefs more than you have.
Hmm. Where do I go with this? How deeply have you ascertained that I have studied the texts and the culture and examined my beliefs? And by what criteria do you determine that I haven't—because you disagree with me?
> Also, imagine what else these laws permit. Can you sexually abuse your female slaves? Of course.
Whoa, whoa, whoa. Where is THIS coming from?
> There's nothing saying you can't.
Of course there is. Dt. 21.10-14. God restricted Israelite men from using captive women as sexual slaves. If a man desired a female captive sexually, he must marry her. This restriction seems to be the first in history limiting the sexual exploitation of captives. Earlier Egyptian laws and later Roman laws prohibited rape, but only against a citizen in good standing. Female captives and slaves, well into Paul's day and even into early American history, were viewed not as citizen but as property without rights over their own bodies. This was not the case in the Bible. Verses 10-13 call for the charitable treatment of foreign brides when they are first taken; verse 14 for their charitable treatment in divorce. Biblical law protected women from sexual abuse.
> It's not going to cause them to die. I suspect that the reason it's not even mentioned was because it was so obvious that a female slave is going to be sexually abused - explaining the passages about keeping virgins after battle.
Oh my. There's nothing true about this.