Monday, August 28, 2023

Three categories of slavery during the rabbinic period TB Kiddushin 14

The Mishnah on daf TB Kiddushin 14 begins the discussion of acquiring and releasing a Hebrew slave (eved evri-עֶבֶד עִבְרִ). “A Hebrew slave can be acquired by his master through money or through a document, and he can acquire himself, i.e., he is emancipated, through years, i.e., when he completes his six years of labor, or through the advent of the Jubilee Year, or through the deduction of money. The slave can redeem himself during the six years by paying for his remaining years of slavery. A Hebrew maidservant has one mode of emancipation more than him, as she acquires herself through signs indicating puberty. A slave who is pierced after serving six years is acquired as a slave for a longer period through piercing his ear with an awl, and he acquires himself through the advent of the Jubilee Year or through the death of the master.” (Sefaria.org translation)

There are two types of slaves. The first is a Canaanite slave. The master owns the Canaanite slave.  The Canaanite slave remains a Gentile; however, he is obligated to observe all the negative commandments in the Torah. An eved evri is not really a slave for the master doesn’t own him at all. The eved evri is an indentured servant. He is Jewish and is obligated to observe all the commandments with one glaring exception. A Hebrew maidservant (eved evriya- עֶבֶד עִבְרִיָה) has one more mode of emancipation.

The subject of an eved evri appears in three different parashiyot in the Torah, Mishpatim (found in the book of Exodus), Behar (found in the book of Leviticus), and Re-eh (found in the book of Deuteronomy). There are two categories of an eved evri. The first category is when the court sells him in order that he make restitution for his wrong; the second category is when he sells himself because he finds himself in dire straits.

Because there are two categories of an eved evri, there are different halakhic outcomes due to a close reading of various verses. The Gemara enumerates them. “One who sells himself may not be pierced with an awl, whereas one who is sold by the court may be pierced with an awl. One who sells himself is not granted a severance gift by his master when he is emancipated, whereas one who is sold by the court is granted a severance gift. With regard to one who sells himself, his master may not provide him with a Canaanite maidservant as a wife to produce slave children, whereas with regard to one sold by the court, his master may provide him with a Canaanite maidservant.” Sefaria. org translation)

Only when the eved evri is sold by the court, may the master provide him with a Canaanite maidservant. This is the glaring exception I alluded to above. The Torah forbids an Israelite to marry a Canaanite, but gives permission for master to give his Canaanite maidservant to his eved evri. When the eved evri goes free, the Canaanite maidservant and all the children born unto them, remains slaves and do not go out with him. We only can assume that this match was for the purpose of breeding more slaves.

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