The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
History
The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures
Johns, C. H. W. (Claude Hermann Walter)
Jewish law; Law -- Iraq -- Babylonia
There is no evidence to show that captives in war, reduced to slavery,
or the slaves bought in the open slave market, foreigners in either
case, would be freed from slavery at any time, under this law or any
other. Later, Leviticus xxv. 44-6 expressly sanctions such being
‘bondmen for ever’, and this was everywhere the natural custom.
The Hebrew ‘slave’, as he has hitherto been called, contemplated in this
law, as understood somewhat later, is simply one who had assigned
himself or had been assigned by lawful authority to his holder to work
off a debt which he himself had contracted. Such in Rome became a real
slave, and might easily have so become in Israel and Babylonia but for
Moses and Hammurabi. There is no evidence that a Hebrew was ever a slave
in any other sense. We shall return to the point again. This is not
really a slave but a hostage for debt. Hammurabi had a special name for
him, as had the Roman law. The Hebrew term covers such, using a word
that may mean a servant, a hostage for debt, or a proper slave.
This ‘slave’, then, worked off his debt by unpaid service. When
Leviticus xxv. 40 lays down the rule that he shall not serve as a
bondservant but shall be as a hired servant, it bears in mind that he
was not a slave at all, but had temporarily lost his freedom. He was
like the sojourner, still free, but not fully free. It could not be
meant to order that wages were to be paid, only that no such exacting
service should be required as was evidently the rule for bondservants or
real slaves. ‘Thou shalt not rule over him with rigour’ is a good gloss
on the case. For it was naturally a temptation to the holder to get as
much work out of this ‘slave’ as he could, in order to recoup the debt
or purchase-money in view of the approaching release.
It is most important here to note that the law takes no account of the
amount of debt. A purely commercial spirit would have estimated the
yearly average value of the slave’s work above his keep and clothing,
and then would fix the term of service at such a length as would suffice
to work off the debt and its interest. That such calculations were made
in Babylonia is evident from existing documents. In the existing state
of legislation in Israel we may assume that a man who was in debt,
knowing that if he sold himself for debt he would have to serve six
years, would not sell himself unless he saw some fair equivalence
between the work he would have to perform in that time and the amount he
owed. He could hire himself out as a hired servant and pay off the debt
with the money, possibly in less time. So it was ruled that if he did
elect to serve out his debt he is not to be made to work harder than a
hired servant would have to do.
Public-domain text, read in full here on John Shaqi.
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