by jimwalton » Wed Jun 21, 2017 2:46 pm
Ancient Israel considered permanent slavery the most inhumane condition possible. The most prominent slavery in Israel was debt-slavery, which was a way of working to pay one's bills. Israelite laws dealing with slavery reflect an understanding of the reasons for poverty and try to deal with its victims both graciously and non-violently. Also, Israelite law mandated safeguards to prevent debt from accumulating to a point where lifelong servitude was the only solution.
The textual evidence for slavery in the ancient world shows that slaves were not regarded as property, but they had rights, sometimes even as full citizens. They could own property, receive inheritance (as in Lev. 25.46), or become free. They were typically not bought or sold as they were in Rome, Greece, and in the Medieval world and in the colonial era of the West. The closest the ancient world ever got to that was corvee labor—forced government conscription for a certain period of time.
There is a large question among scholars as to what extent Israel participates in the world of the ancient Near East. The only extra-biblical data we have on slaves in Israel is the Elephantine Papyri from the Egyptian colony of 410 BC (I know it's later than Exodus, but it's the ONLY RECORD we have). What's interesting is that we have a truckload of references from the parallel cultures about the practice of slavery (servitude), but absolutely nothing from Israel for centuries (just this solitary one from 410). We have reason to wonder if Israel had slaves, even though this case law is on their books (the case law is a "what if...then" kind of scenario, not a command to own slaves or an endorsement of slave ownership).
But, you're still wondering, did the Israelites OWN slaves? It's unknown; there's no evidence of it. There WERE slaves, but they were debt-servants, temporary slaves, or prisoners of war that became part of the family, but there's no evidence of chattel slavery in ancient Israel, either in the Bible or in extra-biblical sources.
What about Leviticus 25.44-46? Only Israelites were allowed to own land in Israel. The only way for a foreigner to survive was to be incorporated into an Israelite home. Their word for this was "slave," but the family didn't own the person. Runaway slaves were given protection within Israel's borders (Dt. 23.15-16). Kidnapping slaves was prohibited (Ex. 21.16; Dt. 24.7). Serving within Israelite households was a safe place for any foreigner. It was not to be an oppressive setting, but offered economic and social stability. The law of Lev. 25.44-46 merely indicates that the jubilee release of slaves didn't apply to non-Israelites; but it also does not imply that the slave is a piece of property at the mercy of his master. There is no evidence of chattel slavery in ancient Israel.
> a Hebrew father could sell his Hebrew daughter into slavery, without her consent.
You're in Exodus 21.7. First of all, this is case law, not a command or permission. It's like saying, "Suppose a man..." Case laws don't necessarily present the best-case scenarios, but just possible real-life situations. As you read the text, you'll notice that the emphasis and goal is to protect women.
Ex. 21.7-11 section is about marriage. In days of arranged marriages, daughters would be given in return for a dowry. Marriage was as much an economic arrangement as a social one in those days. You'll notice here that the sale of a daughter into slavery is a marriage arrangement as a way of paying off a debt. As a way to protect those in poverty, and to protect the rights of the woman given to a man with this understanding, the debt would be liquidated, the daughter would have a husband, and he must treat her properly. You see in Ex. 21.8 that if the man is not pleased with her, he can't just dump her or abuse her, but must let her be redeemed by someone else in proper, legal form. If he passes her on to his son (v. 9), she becomes a daughter, not a slave. Verse 10 speaks of provision of food, clothing, and marital rights. If he falters on any of these points, she is free to go (11). There is nothing about this that is brutal.
> The punishment for mistreating and killing a slave is different than mistreating or killing a non-slave.
I'm not sure your reading the text right. This is from Ex. 21 also.
v. 12: You kill anyone, you are to be executed.
v. 13: For accidental killing there are protections for the perpetrator, not just execution.
v. 14: Intentional murder, you are to be executed.
v. 15: Intentional murder, executed.
v. 16: Kidnappers are to be executed, and no one is to buy a person from a kidnapper. There is protection for a slave, even in that situation.
v. 17: Cursing parents was tantamount to cursing God, a capital crime.
v. 18-19: If someone injures another so they are incapacitated from work, he must pay workers compensation.
v. 20: If you kill a slave, execution.
v. 21: If someone injures a slave so they are incapacitated from work, he suffers the loss of income (equal to paying workman's comp)
v. 22: If someone injures a pregnant woman and she gives birth prematurely, there is a fine.
v. 23-25: If serious injury, eye for eye, life for life. Possible execution.
v. 25: Same deal if it's a slave: eye for eye. Workers comp in the form of freedom.
Where's the inequity of which you speak?
> And while the punishment for killing a non-slave is death, the punishment for killing a slave is non-specified. It just says "to be punished."
The Hebrew word is *naqam* and means capital punishment. The OT is making an important point about treating the slave as a human being, not as a piece of property.
> The bible also only sets out remedies if the owner hurts a slaves eye or tooth. It does not set out other remedies for other types of beating.
It's case law. The judge is supposed to extrapolate from the examples given to the principles behind them. And the principles behind them are that the slaves have rights as full human beings and are not to be treated as property.
> Even the "debt-servants" can't leave until 7 years.
It's not that they CAN'T leave until 7 years, but that's the LONGEST they can be kept.