(2) If thou buy an Hebrew servant.--Ancient society was founded upon slavery. "The ultimate elements of the household," says Aristotle, "are the master and his slave, the husband and his wife, the father and his children" (Pol. i. 2, ? 1). In any consideration of the rights of persons, those of the slave class naturally presented themselves first of all, since they were the most liable to infraction. Slaves might be either natives or foreigners. A Hebrew could become a slave--(1) through crime (Exodus 22:3); (2) through indebtedness (Leviticus 25:39); (3) through his father's right to sell him (Nehemiah 5:5). Foreign slaves might be either prisoners taken in war, or persons bought of their owners (Leviticus 25:45). The rights of Hebrew slaves are here specially considered.
Six years shall he serve.--The Hebrew was not to be retained in slavery for a longer space than six years. If a jubilee year occurred before the end of the six years, then he regained his freedom earlier (Leviticus 25:39-41); but in no case could he be retained more than six years in the slave condition, except by his own consent, formally given (Exodus 21:5). This law was an enormous advance upon anything previously known in the slave legislation of the most civilised country, and stamps the Mosaic code at once as sympathising with the slave, and bent on ameliorating his lot. It has been thought strange by some that slavery was not now abrogated; but even Christianity, fifteen hundred years later, did not venture on so complete a social revolution.
Verse 2. ? If thou buy an Hebrew servant. Slavery, it is clear, was an existing institution. The law of Moses did not make it, but found it, and by not forbidding, allowed it. The Divine legislator was content under the circumstances to introduce mitigations and alleviations into the slave condition. Hebrews commonly became slaves through poverty (Leviticus 25:35, 39), but sometimes through crime (Exodus 22:3). Inthe seventh he shall go out. Not in the Sabbatical year, but at the commencement of the seventh year after he became a slave. If the jubilee year happened to occur, he might be released sooner (Leviticus 25:40); but in any case his servitude must end when the sixth year of it was completed. This was an enormous boon, and had nothing, so far as is known, correspondent to it in the legislation of any other country. Nor was this all. When he went out free, his late master was bound to furnish him with provisions out of his flock, and out of his threshing floor, and out of his winepress (Deuteronomy 15:12-14), so that he might have something wherewith to begin the world afresh. The humane spirit of the legislation is strikingly marked in its very first enactment.
21:1-11 The laws in this chapter relate to the fifth and sixth commandments; and though they differ from our times and customs, nor are they binding on us, yet they explain the moral law, and the rules of natural justice. The servant, in the state of servitude, was an emblem of that state of bondage to sin, Satan, and the law, which man is brought into by robbing God of his glory, by the transgression of his precepts. Likewise in being made free, he was an emblem of that liberty wherewith Christ, the Son of God, makes free from bondage his people, who are free indeed; and made so freely, without money and without price, of free grace.
If thou buy an Hebrew servant,.... Who sells himself either through poverty, or rather is sold because of his theft, see Exodus 22:3 and so the Targum of Jonathan paraphrases it,"when ye shall buy for his theft, a servant, a son of an Israelite;''agreeably to which Aben Ezra observes, this servant is a servant that is sold for his theft; and he says, it is a tradition with them, that a male is sold for his theft, but not a female; and the persons who had the selling of such were the civil magistrates, the Sanhedrim, or court of judicature; so Jarchi, on the text, says, "if thou buy", &c. that is, of the hand of the sanhedrim who sells him for his theft:
six years he shall serve; and no longer; and the Jewish doctors say (d), if his master dies within the six years he must serve his son, but not his daughter, nor his brother, nor any other heirs:
and in the seventh he shall go out free for nothing; without paying any money for his freedom, as it is explained Exodus 21:11, nay, on the other hand, his master was not to send him away empty, but furnish him liberally out of his flock, floor, and wine press, since his six years' servitude was worth double that of an hired servant, Deuteronomy 15:13, and his freedom was to take place as soon as the six years were ended, and the seventh began, in which the Jewish writers agree: the Targum of Jonathan is, at the entrance of the seventh; and Aben Ezra's explanation is, at the beginning of the seventh year of his being sold; and Maimonides (e) observes the same. Now as this servant, in the state of servitude, was an emblem of that state of bondage to sin, Satan, and the law, which man is brought into by his theft, his robbing God of his glory by the transgression of his precepts; so likewise, in his being made free, he was an emblem of that liberty wherewith Christ, the Son of God, makes his people free from the said bondage, and who are free indeed, and made so freely without money, and without price, of pure free grace, without any merit or desert of theirs; and which freedom is attended with many bountiful and liberal blessings of grace.
(d) Maimon. & Bartenora in Misn. Kiddushin, c. 1. sect. 2.((e) Hilchot Abadim, c. 2. sect. 2.
Six years shall he serve.--The Hebrew was not to be retained in slavery for a longer space than six years. If a jubilee year occurred before the end of the six years, then he regained his freedom earlier (Leviticus 25:39-41); but in no case could he be retained more than six years in the slave condition, except by his own consent, formally given (Exodus 21:5). This law was an enormous advance upon anything previously known in the slave legislation of the most civilised country, and stamps the Mosaic code at once as sympathising with the slave, and bent on ameliorating his lot. It has been thought strange by some that slavery was not now abrogated; but even Christianity, fifteen hundred years later, did not venture on so complete a social revolution.
six years he shall serve; and no longer; and the Jewish doctors say (d), if his master dies within the six years he must serve his son, but not his daughter, nor his brother, nor any other heirs:
and in the seventh he shall go out free for nothing; without paying any money for his freedom, as it is explained Exodus 21:11, nay, on the other hand, his master was not to send him away empty, but furnish him liberally out of his flock, floor, and wine press, since his six years' servitude was worth double that of an hired servant, Deuteronomy 15:13, and his freedom was to take place as soon as the six years were ended, and the seventh began, in which the Jewish writers agree: the Targum of Jonathan is, at the entrance of the seventh; and Aben Ezra's explanation is, at the beginning of the seventh year of his being sold; and Maimonides (e) observes the same. Now as this servant, in the state of servitude, was an emblem of that state of bondage to sin, Satan, and the law, which man is brought into by his theft, his robbing God of his glory by the transgression of his precepts; so likewise, in his being made free, he was an emblem of that liberty wherewith Christ, the Son of God, makes his people free from the said bondage, and who are free indeed, and made so freely without money, and without price, of pure free grace, without any merit or desert of theirs; and which freedom is attended with many bountiful and liberal blessings of grace.
(d) Maimon. & Bartenora in Misn. Kiddushin, c. 1. sect. 2.((e) Hilchot Abadim, c. 2. sect. 2.