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
We do have, however, an indirect answer in the next two clauses. He
might come in alone or he might bring in his wife (and family
presumably) with him. If so, they had to be released with him. The case
where he assigned them in his place is not mentioned. Are we to assume
that this was not done? Subsequent legislation extended the law.
Deuteronomy xv. 17 has ‘so shalt thou do to thy female slave’. This may
have been necessary to prevent an abuse of refusing to release a female
‘slave’ sold to work off a debt, on the plea that she was not covered by
the words of the Act. This would be to assume a litigious spirit, of
which we have no other proof to allege. It is better to regard it as
commentary. It may, indeed, be contended that the law was intended to
cover only one special case, but it is more reasonable to suppose that
it takes a special case as norm for all.
Now what is this the law of? To call it the rights of the Hebrew slave
is surely to miss the whole point. It is still more misleading to call
it the law of male slaves. It is the law of the hostage for debt. It
concerns only the person assigned as _mancipium_. No other comes into
view. And such is not a slave at all. There is, therefore, here no
information about the treatment of slaves in Israel. All the fine talk
about the humane character of the Mosaic law may apply elsewhere, not
here. The law simply insists on the release of a debtor held to work off
a debt at the end of a fixed term.
The further details of the case in the Book of the Covenant are
considerations of special cases—(i) if the debtor is a single man when
he enters on his term of service, (ii) or accompanied by his wife (and
family?), (iii) if provided by his creditor with a wife during his
service, (iv) if he prefers servitude in domestic freedom to destitute
freedom. On these grounds we may remark—
(i) That he should go forth alone if he came in alone merely heightens
the contrast. No restraint of the holder’s freedom is intended, but a
limitation of the debtor’s claim. If his holder finds him a wife, and so
children, he cannot claim to take them with him, that is all.
(ii) If his wife accompanied him she has the same rights to release as
he has. His family is not named, but was surely in the same position.
What is here ruled is simply that this class of servitude does not
forfeit freedom for any one.
(iii) It is obvious that the holder might give him a slave-woman to be
his wife. Had he been fully free the children of such a marriage would
be at his own disposal. Now they are the holder’s property. As a single
man held to work off his debt he probably was not free to choose his own
wife. His children were a species of profit to his holder, just as if he
were an ox.
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