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Jewish views on slavery

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Through Slavery and Early modern period

The Hebrew Bible contained two sets of laws, one for non-Israelite slaves (known in later writings by the term "Canaanite slaves"), and a more lenient set of laws for Israelite slaves. The Talmud's slavery laws, which were established in the second through the fifth centuries CE, contain a single set of rules for all slaves, although there are a few exceptions where Hebrew slaves are treated differently from non-Hebrew slaves. The laws include punishment for slave owners that mistreat their slaves. In the modern era, when the abolitionist movement sought to outlaw slavery, some supporters of slavery used the laws to provide religious justification for the practice of slavery.

Broadly, the Biblical and Talmudic laws tended to consider slavery a form of contract between persons, theoretically reducible to voluntary slavery, unlike chattel slavery, where the enslaved person is legally rendered the personal property (chattel) of the slave owner. Hebrew slavery was prohibited during the Rabbinic era for as long as the Temple in Jerusalem is defunct (i.e., since 70 CE). Although not prohibited, Jewish ownership of non-Jewish slaves was constrained by Rabbinic authorities since non-Jewish slaves were to be offered conversion to Judaism during their first 12-months term as slaves. If accepted, the slaves were to become Jews, hence redeemed immediately. If rejected, the slaves were to be sold to non-Jewish owners. Accordingly, the Jewish law produced a constant stream of Jewish converts with previous slave experience. Additionally, Jews were required to redeem Jewish slaves from non-Jewish owners, making them a privileged enslavement item, albeit temporary.

Historically, some Jewish people owned and traded slaves. They participated in the medieval slave trade in Europe up to about the 12th century. Several scholarly works have been published to rebut the antisemitic canard of Jewish domination of the Atlantic slave trade during the early modern period, and to show that Jews had no major or continuing impact on the history of New World slavery. They possessed far fewer slaves than non-Jews in every British colony in the Americas, and according to modern Jewish historians, "in no period did they play a leading role as financiers, shipowners, or factors in the transatlantic or Caribbean slave trades" (Wim Klooster quoted by Eli Faber).

American mainland colonial Jews imported slaves from Africa at a rate proportionate to the general population. As slave sellers, their role was more marginal, although their involvement in the Brazilian and Caribbean trade is believed to be considerably more significant. Jason H. Silverman, a historian of slavery, describes the part of Jews in slave trading in the southern United States as "minuscule", and writes that the historical rise and fall of slavery in the United States would not have been affected at all had there been no Jews living in the American South. Though every fourth Jew owned a slave, they accounted for only 1.25% of all Southern slave owners, and were not significantly different from other slave owners in their treatment of slaves.

Biblical era

Ancient Israelite society allowed slavery; however, total domination of one human being by another was not permitted. Rather, slavery in antiquity among the Israelites was closer to what would later be called indentured servitude. In fact, there were cases in which, from a slave's point of view, the stability of servitude under a family in which the slave was well-treated would have been preferable to economic freedom.

The Hebrew Bible contains two sets of rules governing slaves: one set for Hebrew slaves (Lev 25:39–43) and a second set for non-Hebrew slaves (Lev 25:44–46). Hebrews could become slaves either because of extreme poverty (in which case they could sell themselves to an Israelite owner) or as punishment for a crime. Hebrew slaves were freed after six years of service, or when the Jubilee year arrived. They were treated as servants or hired workers, and the master was forbidden to make them do harsh labor.

The laws governing non-Hebrew slaves were harsher: non-Hebrew slaves could be owned permanently, and bequeathed to the owner's children. They were acquired from the surrounding nations (Lev 25:44) or from "strangers who live among [Israelites]". Despite this, the book of Deuteronomy required rest for non-Hebrew slaves on Shabbat and their participation in Temple and holiday celebrations. Participation in holidays like Passover also ensured the acquisition of Hebrew status for non-Hebrew slaves since they were banned from celebrating Passover unless they circumcised, which made them equivalent to the native-born Israelite (Exodus 12:48). Deuteronomy further describes all non-Israelite laborers as being parties to God's covenant as members of the Israelite community although this contentious (Deuteronomy 29:9). Saul Olyan argued that non-Israelites, regardless of background, automatically became Israelite if they lived in their territory (Ezekiel 47:21–23), reflecting early Israelite practices.

In English translations of the Bible, the ethnic distinction is sometimes emphasized by translating the word ebed (עבד) as "slave" in the context of non-Hebrew slaves, and "servant" or "bondman" for Hebrew slaves. Throughout the Hebrew Bible, ebed is also used to denote government officials who serve the king, sometimes high-ranking (for example, Pharaoh's advisors, or Nathan-melech, whose seal bearing the title ebed was discovered in archeological excavations).

Proposed explanations for the differential treatment include all non-Hebrew slaves being subject to the curse of Canaan and God not wanting Hebrews to be enslaved again after freeing them from Egyptian enslavement. In Leviticus 25:42 the difference is justified by God's stating that "[Israelites] are My slaves, in that I took them out of the land of Egypt; they shall not be sold into [human] slavery", in contrast to non-Israelites who do not have this history. Isaac S.D. Sassoon argued that it was the result of a bargain struck between commoners and landowners. Commoners protested the widespread practice of Israelites enslaving each other whilst landowners defended slavery as being indispensable to agriculture. However, he notes that this was anomalous since other biblical literature approved of slavery being heavily regulated and even abolished, regardless of form. Rashi similarly proposed that it answered the question on who would serve the Israelite as a slave.

Talmudic commentators likewise encouraged non-Hebrew slaves to convert to Judaism, which helped them bypass the harsh treatment.

Exodus 21:16 establishes a death sentence for any man who steals, or kidnaps, another man.

It is impossible for scholars to quantify the number of slaves that were owned by ancient Israelites, or what percentage of households owned slaves, but it is possible to analyze social, legal, and economic impacts of slavery. Most slaves owned by Israelites were non-Hebrew, and scholars are not certain what percentage of slaves were Hebrew: Ephraim Urbach, a distinguished scholar of Judaism, maintains that Israelites rarely owned Hebrew slaves after the Maccabean era, although it is certain that Israelites owned Hebrew slaves during the time of the Babylonian exile. After the destruction of the Temple in Jerusalem in 70 CE, nearly all rabbis agreed that Jews were no longer allowed to own Jewish slaves, and some rabbis and communities ruled that non-Jewish slaves could not be held either, though others permitted it.

The Torah forbids the return of runaway slaves who escape from their foreign land and their bondage and arrive in the Land of Israel. Furthermore, the Torah demands these runaway slaves be treated equally to any other resident alien. This law is unique in the Ancient Near East.

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