"If a man strikes his male or female slave with a rod, and the slave dies under his hand - the death must be avenged [the master is punished by death]. However, if the slave survives for a day or two, his death shall not be avenged, since he is his master's property." (Exodus 21:20-21)
The Torah portion of Mishpatim deals primarily with laws governing society - personal damages, lending money, manslaughter, kidnapping, and so on. Overall, they fit in well with a modern sense of justice. The laws dealing with slaves, however, are difficult for us to digest.
Why does the Torah distinguish between a mortally wounded slave who dies immediately, and one who lingers for a day or two? Is a slave truly "his master's property"? In general, does the Torah look favorably on the institution of slavery?
Slavery, Rabbi Kook wrote, is like any other phenomenon of nature. It can be used properly and responsibly or it can be abused. As long as some people are wealthy and powerful, while others are poor and weak, the wealthy will hire out the poor to do their work and will control them. This is the basis of natural servitude, which exists even if slavery as a formal institution is outlawed.
For example, coal miners are de facto slaves to their employer, and in some ways, worse off than legal slaves. The mine owner often will care more about his profits than his workers. He allows his miners to work without proper light and ventilation, in poorly built mines. It does not bother the owner that the workers' lives are shortened due to these abysmal working conditions. He is not overly troubled that the mine may collapse, burying alive thousands of miners - he can always hire more. Yet, if these miners were his legal slaves, for whom he paid good money, then the owner would look out for their lives and welfare, just as he watches over his machines, animals, and the rest of his property.
For this reason, the Torah emphasizes that a slave is his master's property. When it is in the master's self-interest to look after his slave's welfare, the servant can expect a better, more secure future.
Why distinguish between a slave who dies immediately after being struck by his master, and one who lingers for a day? The verse specifically mentions that the master struck with a rod. His intention was to discipline. If the slave dies due to mistreatment at the hands of his master, the Torah takes into account the natural concern all people have for their possessions. "His death shall not be avenged, since he is his master's property." In these circumstances, intentional murder becomes improbable, and the Torah looks for an additional indication - a non-immediate death - that the death was accidental. The Torah stresses that the goal is to serve justice, not to avenge: "His death shall not be avenged."
The legalized slavery of the Torah only comes to correct certain potential pitfalls of natural servitude. As long as slavery exists, the Torah legislated laws to protect slaves from abuse and mistreatment. If an owner knocked out his slave's tooth, the slave went free. An owner who killed his slave was executed, like any other murderer.
Since the destruction of the Temple, however, the Torah's positive influence upon general society has greatly weakened. The darkness of the Middle Ages severely corrupted natural forms of life, turning slavery and serfdom into a monstrous institution. Instead of protecting the weak by giving them the security of property, slavery became such a horror that mankind decided it needed to be permanently dismantled.
The Torah's form of servitude must be set aside until the era when, once again, "Torah will go forth from Zion." At that time, servitude will not only protect the weak economically and socially, but also raise them morally and spiritually. "Ten men from all languages of the nations will grab on to the cloak of a Jew, saying, 'Let us go with you, for we have heard that God is with you.'" (Zechariah 8:23) When the heart has once again become a sensitive vessel of integrity and compassion, it is fitting that the morally deficient should be taken under the wings of the righteous and wise.
The Torah portion of Mishpatim deals primarily with laws governing society - personal damages, lending money, manslaughter, kidnapping, and so on. Overall, they fit in well with a modern sense of justice. The laws dealing with slaves, however, are difficult for us to digest.
Why does the Torah distinguish between a mortally wounded slave who dies immediately, and one who lingers for a day or two? Is a slave truly "his master's property"? In general, does the Torah look favorably on the institution of slavery?
Slavery, Rabbi Kook wrote, is like any other phenomenon of nature. It can be used properly and responsibly or it can be abused. As long as some people are wealthy and powerful, while others are poor and weak, the wealthy will hire out the poor to do their work and will control them. This is the basis of natural servitude, which exists even if slavery as a formal institution is outlawed.
For example, coal miners are de facto slaves to their employer, and in some ways, worse off than legal slaves. The mine owner often will care more about his profits than his workers. He allows his miners to work without proper light and ventilation, in poorly built mines. It does not bother the owner that the workers' lives are shortened due to these abysmal working conditions. He is not overly troubled that the mine may collapse, burying alive thousands of miners - he can always hire more. Yet, if these miners were his legal slaves, for whom he paid good money, then the owner would look out for their lives and welfare, just as he watches over his machines, animals, and the rest of his property.
For this reason, the Torah emphasizes that a slave is his master's property. When it is in the master's self-interest to look after his slave's welfare, the servant can expect a better, more secure future.
Why distinguish between a slave who dies immediately after being struck by his master, and one who lingers for a day? The verse specifically mentions that the master struck with a rod. His intention was to discipline. If the slave dies due to mistreatment at the hands of his master, the Torah takes into account the natural concern all people have for their possessions. "His death shall not be avenged, since he is his master's property." In these circumstances, intentional murder becomes improbable, and the Torah looks for an additional indication - a non-immediate death - that the death was accidental. The Torah stresses that the goal is to serve justice, not to avenge: "His death shall not be avenged."
The legalized slavery of the Torah only comes to correct certain potential pitfalls of natural servitude. As long as slavery exists, the Torah legislated laws to protect slaves from abuse and mistreatment. If an owner knocked out his slave's tooth, the slave went free. An owner who killed his slave was executed, like any other murderer.
Since the destruction of the Temple, however, the Torah's positive influence upon general society has greatly weakened. The darkness of the Middle Ages severely corrupted natural forms of life, turning slavery and serfdom into a monstrous institution. Instead of protecting the weak by giving them the security of property, slavery became such a horror that mankind decided it needed to be permanently dismantled.
The Torah's form of servitude must be set aside until the era when, once again, "Torah will go forth from Zion." At that time, servitude will not only protect the weak economically and socially, but also raise them morally and spiritually. "Ten men from all languages of the nations will grab on to the cloak of a Jew, saying, 'Let us go with you, for we have heard that God is with you.'" (Zechariah 8:23) When the heart has once again become a sensitive vessel of integrity and compassion, it is fitting that the morally deficient should be taken under the wings of the righteous and wise.