tear him from home, drag him across the line into
the land of Israel, and hold him as a slave—ah!
that alters the case, and you may perpetrate the violence
now with impunity! Would
greater favor
have been shown to this new comer than to the old
residents—those who had been servants in
Jewish families perhaps for a generation? Were
the Israelites commanded to exercise towards
him,
uncircumcised and out of the covenant, a justice and
kindness denied to the multitudes who
were
circumcised, and
within the covenant? But,
the objector finds small gain to his argument on the
supposition that the covenant respected merely the
fugitives from the surrounding nations, while it left
the servants of the Israelites in a condition against
their wills. In that case, the surrounding nations
would adopt retaliatory measures, and become so many
asylums for Jewish fugitives. As these nations
were not only on every side of them, but in their
midst, such a proclamation would have been an effectual
lure to men whose condition was a constant counteraction
of will. Besides the same command which protected
the servant from the power of his foreign
master,
protected him equally from the power of an
Israelite.
It was not, merely “Thou shalt not deliver him
unto his
master,” but “he shall
dwell with thee, in that place which
he shall choose
in one of thy gates where it liketh
him best.”
Every Israelite was forbidden to put him in any condition
against his will. What was this but a
proclamation, that all who
chose to live in
the land and obey the laws, were left to their own
free will, to dispose of their services at such a
rate, to such persons, and in such places as they pleased?
Besides, grant that this command prohibited the sending
back of
foreign servants only, there was no
law requiring the return of servants who had escaped
from the
Israelites.
Property lost, and
cattle escaped, they were required to return,
but not escaped
servants. These verses
contain, 1st, a command, “Thou shalt not deliver,”
&c., 2d. a declaration of the fugitive’s right
of
free choice, and of God’s will that
he should exercise it at his own discretion; and 3d,
a command guarding this right, namely, “Thou
shalt not oppress him,” as though God had said,
“If you restrain him from exercising his
own
choice, as to the place and condition of his residence,
it is
oppression, and shall not be tolerated."[A]
[Footnote A: Perhaps it may be objected that
this view of Deut. xxiii. 15, 16, makes nonsense of
Ex. xxi. 27, which provides that if a man strikes
out his servant’s tooth he shall let him go free.
Small favor indeed if the servant might set himself
free whenever he pleased! Answer—The
former passage might remove the servant from the master’s
authority, without annulling the master’s
legal claims upon the servant, if he had paid him
in advance and had not received from him an equivalent,
and this equally, whether his master were a Jew or
a Gentile. The latter passage, “He shall
let him go free for his tooth’s sake,"
not only freed the servant from the master’s
authority, but also from any pecuniary claim which
the master might have on account of having paid his
wages in advance; and this as a compensation,
for the loss of a tooth.]