The Jewish concept of slavery and morality?

Moshe Ahron has asserted that slavery is immoral and always was so but that we have advanced over our ancestors who were not aware of its immorality. 

Here is what I mean. The Torah didn't create slavery. Slavery existed before the Torah was given on Har Sinai. The Torah dealt with the situation as it was - slavery already existed. The Torah improved this bad situation by regulating slavery with the goal that slavery would eventually be eradicated.

To be clear, slavery was always immoral, but slavery was never the Torah's fault, the Torah was trying to improve the situation of the slave by regulating it.

Had the Torah outlawed slavery from day one, perhaps it would have been too difficult for people to comply, so Hashem didn't do that. This is similar to the Eishes Yefas Toar, where Rashi says that the Torah couldn't prohibit marrying her as the Torah won't prohibit what people can't refrain from doing.

However as can be seen from the following sources there is no criticism of slavery in the Bible, Talmud or Rabbinic literature and the institution of slavery as described in the Torah basically ceased to exist in Talmudic times. I think a more reasonable assertion that better fits the halachic sources is that slavery is clearly immoral in our present society - but that in the ancient world it was not (especially with the conditions the Torah required compared with secular law). It is not the superiority of our moral sense over that of our ancestors but the change in society which is the critical element. 

In sum, Moshe Ahron's view is very problematic in stating that the Torah itself accepts an immoral practice. While the Rambam does states something like this - in Moreh Nevuchim regarding animal sacrifices (which contradicts his Mishna Torah) - he clearly does not say any such thing regarding slavery. Moshe Ahrons attempt to assert a similar judgment regarding divorce laws in Shulchan Aruch and Poskim is similarly flawed.

See also "Biblical Slavery and Morality"
See Hakirah - Biblical view of Slavery - Then and Now


Professor Judah Rosenthal (The Slavery Controversy and Judaism – Conservative Judaism 31:3 pages 69)

The structure of ancient society was built on slavery, and the old social order ofIsrael was no exception. The Torah, however, distinguishes itself by demanding a humane treatment of slaves. It often repeats the admonition not to forget that the Israelites were once slaves in Egypt.! It is the obligation of the master to let the slave rest on the day when he himself is resting'' and it is forbidden to maim a slave. If a master maims a slave he has to let him go free." There does not exist in all the codes of the ancient world a more humane law than the one which forbids turning over a fugitive slave to his master.  The Hammurabi Code of Laws, unlike the Torah, prescribes that a man who does not turn over a fugitive slave to his master is to be punished by death."

The Talmud, too, contains many laws demanding a humane treatment of slaves. Maimonides (Hilchos Avadim 9:8) sums up the attitude of Rabbinic Judaism towards slavery in the following words:

It is permitted to work a slave with rigor. Though such is the role, it is the quality of piety and the way of wisdom that a man be merciful and pursue justice and not make his yoke heavy upon the slave or distress him, and give him to eat and to drink of all foods and drinks.

The Sages of old were wont to let the slave partake of every dish that they themselves ate of and to give the meal of the cattle and of the slaves precedence over their own. Is it not said: As the eyes of slaves unto the hand of their master, as the eyes of a female servant unto the hand of her mistress (Psalms 123:2)?

Thus also the master should not disgrace them by hand or by word, because scriptural law has delivered them only unto slavery and not unto disgrace. Nor should he heap upon the slave oral abuse and anger, but should rather speak to him softly and listen to his claims. So, it is also explained in the good paths of Job, in which he prided himself.

Cruelty and effrontery are not frequent except with gentiles. The children of our father Abraham, however, i.e., the Israelites, upon whom the Holy One, blessed be He, bestowed the favor of the Law and laid upon them statutes and judgments, are merciful people who have mercy upon all.

Thus also it is declared by the attributes of the Holy One, blessed be He, which we are enjoined to imitate: And His mercies are over all His works (Psalms 145:9).

Furthermore, whoever has compassion will receive compassion, as it is said: And He will show thee mercy, and have compassion upon thee, and multiply thee (Deuteronomy 13:18).

We do not find either in the Bible or in Rabbinic literature a prohibition against slavery or a negative attitude towards slavery as a social institution. Judaism did not consider slavery a social evil nor did it consider a slave owner or slave trader to be a sinner. Slavery was accepted as part of the social order.

 

Elon, Menachem. "Human Dignity and Freedom." Encyclopaedia Judaica. Ed. Michael Berenbaum and Fred Skolnik. 2nd ed. Vol. 9. Detroit: Macmillan Reference USA, 2007. 585-588. Gale Virtual Reference Library. Web. 22 Jan. 2015. Document URL

Human Dignity and Freedom in Jewish Tradition

Human dignity and freedom are fundamental values of the Torah and the rabbinic literature. The Torah states that man was created "in the image of God": "And God created man in his image; in the image of God He created him" (Gen. 1:27). Respect for the Divine image in man serves as an important source in the Torah for the preservation of human dignity. The Torah states the following concerning a person who has sinned and is liable to the death penalty: "If a man is guilty of a capital offense and is put to death, and you hang him on a tree, you must not let his corpse remain on the stake overnight, but must bury him the same day. For an impaled body is an affront to God and you shall not defile the land which the Lord your God is giving you to possess" (Deut. 21:22–23). The Sages expound these verses: R. Meir asks – what is the meaning of the words "an impaled body is an affront to God"? This can be likened to two identical twin brothers, one of whom became king over the entire world while the other went out to pursue highway robbery. After a while, the latter was caught and crucified, and passersby seeing the body said "the king himself has been crucified!" This is the meaning of the words: "for an impaled body is an affront to God."

 The principle of human dignity even requires respecting the dignity of criminal offenders. The Torah imposes a penalty on a person who steals an ox and later slaughters or sells it, in the amount of five times the value of the ox, while for stealing a sheep under similar circumstances, one is required to pay only four times its value (Ex. 21:37). The difference between the fine imposed for stealing an ox and that for stealing a sheep is explained by the Sages as follows: "R. Johanan b. Zakkai states: The Holy One blessed be He is mindful of the dignity of mankind. For [stealing] an ox, which walks on its [own] feet, the payment is fivefold; for [stealing] a sheep, which has to be carried on one's shoulders, the payment is fourfold" (Mekhilta de-R. Yishmael, Mishpatim 13). The difference between the fines stems from the sense of shame suffered by the thief in the case of the stolen sheep, which is usually carried away on his shoulders. Hence, the Torah was more lenient in the case of stealing a sheep than with stealing an ox, in which case the thief can simply lead the ox to his home and need not demean himself by carrying it on his shoulders.< The origin of human rights in Judaism lies in the fundamental notion of man's creation in the image of God. This basic axiom is the origin, not only of a person's right to dignity and freedom, but also of man's duty to protect his own dignity and freedom. This principle is given clear expression in a fundamental rule stated by the amora Rav: "A worker can withdraw from service even in the middle of the working day… for it is written (Lev. 25:55): 'for the children of Israel are My slaves [i.e., whom I took out of the land of Egypt'] – and not slaves to other slaves" (BK 116b; BM 10a). According to this law, an employee who hired himself out for an entire working day may withdraw his agreement in the middle of the day (and in such case only receives payment for the time he worked – see *Labor Law ), by virtue of the principle that a person's obligation to work for another person, even if he agreed to do so out of his own volition, constitutes a violation of that person's freedom, and a type of slavery. The principle that a person's subservience to God requires that he not be subservient to another human being receives expression in the principle of the Hebrew slave.

According to the Torah, a person may be compelled to work for another individual if he is convicted of theft and is unable to pay his fine, or if he is in a state of absolute poverty and sells himself to another person. In both these cases, his term of service is limited to a maximum of six years, and the goal of this period, during which the slave's employer owes numerous duties towards his slave, is to facilitate the rehabilitation of the offender, who would otherwise remain homeless, as an alternative to imprisonment or remaining on the streets without a roof over his head. According to the Torah, a slave who refused to go free at the end of his term would have his ear pierced by his master using an awl, and would thereafter remain a perpetual slave to his master (Ex. 21:6). The Sages questioned the underlying principle behind this commandment of piercing the slave's ear: "R. Johanan b. Zakkai was asked by his disciples: Why, of all limbs, was the ear [of the slave who refused to go free] chosen to be pierced? He replied: 'The ear that heard at Mount Sinai: "You shall have no other gods but for Me" (Ex. 20:2), and rejected the yoke of the kingdom of Heaven, and in its stead accepted the yoke of a human being; the ear that heard at Mount Sinai (Lev. ad. loc.) "for unto Me the children of Israel are servants" and yet this person went and acquired for himself another master; therefore, let his ear come and be pierced because he disregarded that which his ear heard'" (TJ Kid. 1.2).

The slave is punished for having waived his right to freedom. Perpetual enslavement to another person involves a kind of idolatry. As explained by the aforesaid words of the Sages, the first commandment states: "I am the Lord your God who brought you out of the land of Egypt out of the house of slavery. You shall have no other gods but Me" (Ex. ad loc.). This commandment exhorts a person to be free, and he cannot release himself from this obligation, neither in favor of an idol, nor in favor of another human being. The slave, the worker and the master, are all servants of God, before whom all creatures are equal. Therefore no person is entitled to be the slave of another person, when the latter himself is merely a servant of God. Even this institution of a Hebrew slave, which is in essence an act of hire for a limited period for the purposes of rehabilitation, has not been practiced, according to all opinions, for close to two thousand years, and this too is compatible Page 587