called by way of distinction, _the_ servants, (not _bondmen_,) (1.) They
followed it as a _permanent business_. (2.) Their term of service was
_much longer_ than that of the other class. (3.) As a class they
doubtless greatly outnumbered the Israelitish servants. (4.) All the
Strangers that dwelt in the land were _tributaries_, required to pay an
annual tax to the government, either in money, or in public service,
(called a "_tribute of land-service_;") in other words, all the
Strangers were _national servants_ to the Israelites, and the same
Hebrew word used to designate _individual_ servants, equally designates
_national_ servants or tributaries. 2 Sam. viii. 2, 6, 14. 2 Chron.
viii. 7-9. Deut xx. 11. 2 Sam. x. 19. 1 Kings ix. 21, 22. 1 Kings iv.
21. Gen. xxvii. 29. The same word is applied to the Israelites, when
they paid tribute to other nations. 2 Kings xvii. 3. Judg. iii. 8, 14.
Gen. xlix. 15. Another distinction between the Jewish and Gentile bought
servants, was in their _kinds_ of service. The servants from the
Strangers were properly the _domestics_, or household servants, employed
in all family work, in offices of personal attendance, and in such
mechanical labor, as was required by increasing wants, and needed
repairs. The Jewish bought servants seem almost exclusively
_agricultural_. Besides being better fitted for it by previous
habits--agriculture, and the tending of cattle, were regarded by the
Israelites as the most honorable of all occupations. After Saul was
elected king, and escorted to Gibeah, the next report of him is, "_And
behold Saul came after the herd out of the field_." 1 Sam. xi. 7. Elisha
"was plowing with twelve yoke of oxen." 1 Kings xix. 19. King Uzziah
"loved husbandry." 2 Chron. xxvi. 10. Gideon _was "threshing wheat_"
when called to lead the host against the Midianites. Judg. vi. 11. The
superior honorableness of agriculture, is shown, in that it was
protected and supported by the fundamental law of the theocracy--God
indicating it as the chief prop of the government. The Israelites were
like permanent fixtures on their soil, so did they cling to it. To be
agriculturalists on their own inheritances, was with them the grand
claim to honorable estimation. Agriculture being pre-eminently a
_Jewish_ employment, to assign a native Israelite to other employments
as a business, was to break up his habits, do violence to cherished
predilections, and put him to a kind of labor in which he had no skill,
and which he deemed degrading. In short, it was in the earlier ages of
the Mosaic system, practically to _unjew_ him, a hardship and rigor
grievous to be borne, as it annihilated a visible distinction between
the descendants of Abraham and the Strangers.--_To guard this and
another fundamental distinction_, God instituted the regulation which
stands at the head of this branch of our inquiry, "If thy brother that
dwelleth by thee be waxen poor, and be sold unto thee, thou shalt not
compel him to serve as a bond-servant." In other words, thou shalt not
put him to servant's work--to the business, and into the condition of
domestics. In the Persian version it is translated thus, "Thou shalt not
assign to him the work of _servitude_." In the Septuagint, "He shall not
serve thee with the service of a _domestic_." In the Syriac, "Thou shalt
not employ him after the manner of servants." In the Samaritan, "Thou
shalt not require him to serve in the service of a servant." In the
Targum of Onkelos, "He shall not serve thee with the service of a
household servant." In the Targum of Jonathan, "Thou shalt not cause him
to serve according to the usages of the servitude of servants."[A] The
meaning of the passage is, _thou shalt not assign him to the same grade,
nor put him to the same service, with permanent domestics._ The
remainder of the regulation is,--"_But as an hired servant and as a
sojourner shall he be with thee._" Hired servants were not incorporated
into the families of their masters: they still retained their own family
organization, without the surrender of any domestic privilege, honor, or
authority; and this even though they resided under the same roof with
their master. While bought servants were associated with their master's
families at meals, at the Passover, and at other family festivals, hired
servants and sojourners were not. Ex. xii. 44, 45; Lev. xxii. 10, 11.
Hired servants were not subject to the authority of their masters in any
such sense as the master's wife, children, and bought servants. Hence
the only form of oppressing hired servants spoken of in the Scriptures
as practicable to masters, is that _of keeping back their wages_. To
have taken away such privileges in the case under consideration, would
have been pre-eminent "_rigor_," for it was not a servant born in the
house of a master, not a minor, whose minority had been sold by the
father, neither was it one who had not yet acceded to his inheritance:
nor finally, one who had received the _assignment_ of his inheritance,
but was working off from it an incumbrance, before entering upon its
possession and control. But it was that of _the head of a family_, who
had known better days, now reduced to poverty, forced to relinquish the
loved inheritance of his fathers, with the competence and respectful
consideration its possession secured to him, and to be indebted to a
neighbor for shelter, sustenance, and employment. So sad a reverse,
might well claim sympathy; but one consolation cheers him in the house
of his pilgrimage; he is an _Israelite--Abraham is his father_, and now
in his calamity he clings closer than ever, to the distinction conferred
by his birth-right. To rob him of this, were "the unkindest cut of all."
To have assigned him to a grade of service filled only by those whose
permanent business was serving, would have been to "rule over him with"
peculiar "rigor." "Thou shalt not compel him to serve as a
bond-servant," or literally, _thou shalt not serve thyself with him,
with the service of a servant_, guaranties his political privileges, and
a kind and grade of service, comporting with his character and relations
as an Israelite. And "as a _hired_ servant, and as a sojourner shall he
be with thee," secures to him his family organization, the respect and
authority due to its head, and the general consideration resulting from
such a station. Being already in possession of his inheritance, and the
head of a household, the law so arranged the conditions of his service
as to _alleviate_ as much as possible the calamity, which had reduced
him from independence and authority, to penury and subjection. The
import of the command which concludes this topic in the forty-third
verse, ("Thou shalt not rule over him with rigor,") is manifestly this,
you shall not disregard those differences in previous associations,
station, authority, and political privileges, upon which this regulation
is based; for to hold this class of servants _irrespective_ of these
distinctions, and annihilating them, is to "rule with rigor." The same
command is repeated in the forty-sixth verse, and applied to the
distinction between servants of Jewish, and those of Gentile extraction,
and forbids the overlooking of distinctive Jewish peculiarities, the
disregard of which would be _rigorous_ in the extreme[B]. The
construction commonly put upon the phrase "rule with rigor," and the
inference drawn from it, have an air vastly oracular. It is interpreted
to mean, "you shall not make him a chattel, and strip him of legal
protection, nor force him to work without pay." The inference is like
unto it, viz., since the command forbade such outrages upon the
Israelites, it permitted and commissioned their infliction upon the
Strangers. Such impious and shallow smattering captivates scoffers and
libertines; its flippancy and blasphemy, and the strong scent of its
loose-reined license works like a charm upon them. What boots it to
reason against such rampant affinities! In Ex. i. 13, it is said that
the Egyptians "made the children of Israel to _serve_ with rigor." This
rigor is affirmed of the _amount of labor_ extorted and the _mode_ of
the exaction. The expression, "serve with rigor," is never applied to
the service of servants under the Mosaic system. The phrase, "thou shalt
not RULE over him with rigor," does not prohibit unreasonable exactions
of labor, nor inflictions of cruelty. Such were provided against
otherwise. But it forbids confounding the distinctions between a Jew and
a Stranger, by assigning the former to the same grade of service, for
the same term of time, and under the same political disabilities as the
latter.
[Footnote A: Jarchi's comment on "Thou shall not compel him to serve as
a bond-servant" is, "The Hebrew servant is not to be required to do any
thing which is accounted degrading--such as all offices of personal
attendance, as loosing his master's shoe-latchet, bringing him water to
wash his feet and hands, waiting on him at table, dressing him, carrying
things to and from the bath. The Hebrew servant is to work with his
master as a son or brother, in the business of his farm, or other labor,
until his legal release."]
[Footnote B: The disabilities of the Strangers, which were distinctions,
based on a different national descent, and important to the preservation
of national characteristics, and a national worship, did not at all
affect their _social_ estimation. They were regarded according to their
character, and worth as _persons_, irrespective of their foreign origin,
employments, and political condition.]
We are now prepared to review at a glance, the condition of the
different classes of servants, with the modifications peculiar to each
class. In the possession of all fundamental rights, all classes of
servants were on an absolute equality, all were equally protected by law
in their persons, character, property and social relations; all were
voluntary, all were compensated for their labor, and released from it
nearly half of the days in each year; all were furnished with stated
instruction: none in either class were in any sense articles of
property, all were regarded as _men_, with the rights, interests, hopes
and destinies of _men_. In all these respects, _all_ classes of servants
among the Israelites, formed but ONE CLASS. The _different_ classes and
the differences in _each_ class, were, (1.) _Hired Servants._ This class
consisted both of Israelites and Strangers. Their employments were
different. The _Israelite_ was an agricultural servant. The Stranger was
a _domestic_ and _personal_ servant, and in some instances _mechanical_;
both were occasional and temporary. Both lived in their own families,
their wages were _money_, and they were paid when their work was done.
(2.) _Bought Servants_, (including those "born in the house.") This
class also, consisted of Israelites and Strangers, the same difference
in their kinds of employments noticed before. Both were paid in
advance[A], and neither was temporary. The Israelitish servant, with the
exception of the _freeholders_ was released after six years. The
stranger was a permanent servant, continuing until the jubilee. A marked
distinction obtained also between different classes of _Jewish_ bought
servants. Ordinarily, they were merged in their master's family, and,
like his wife and children, subject to his authority; (and, like them,
protected by law from its abuse.) But the _freeholder_ was a marked
exception: his family relations, and authority remained unaffected, nor
was he subjected as an inferior to the control of his master, though
dependent upon him for employment.
[Footnote A: The payment _in advance_, doubtless lessened the price of
the purchase; the servant thus having the use of the money, and the
master assuming all the risks of life and health for labor: at the
expiration of the six year's contract, the master having suffered no
loss from the risk incurred at the making of it, was obliged by law to
release the servant with a liberal gratuity. The reason assigned for
this is, "he hath been worth a double hired servant unto thee in serving
thee six years," as if it had been said, as you have experienced no loss
from the risks of life, and ability to labor, incurred in the purchase,
and which lessened the price, and as, by being your servant for six
years, he has saved you the time and trouble of looking up and hiring
laborers on emergencies, therefore, "thou shalt furnish him liberally,"
&c.]
It should be kept in mind, that _both_ classes of servants, the
Israelite and the Stranger, not only enjoyed _equal natural and
religious rights_, but _all the civil and political privileges_ enjoyed
by those of their own people who were _not_ servants. They also shared
in common with them the political disabilities which appertained to all
Strangers, whether the servants of Jewish masters, or the masters of
Jewish servants. Further, the disabilities of the servants from the
Strangers were exclusively _political_ and _national._ (1.) They, in
common with all Strangers, could not own the soil. (2.) They were
ineligible to civil offices. (3.) They were assigned to employments less
honorable than those in which Israelitish servants engaged; agriculture
being regarded as fundamental to the existence of the state, other
employments were in less repute, and deemed _unjewish._
Finally, the Strangers, whether servants or masters, were all protected
equally with the descendants of Abraham. In respect to political
privileges, their condition was much like that of naturalized foreigners
in the United States; whatever their wealth or intelligence, or moral
principle, or love for our institutions, they can neither go to the
ballot-box, nor own the soil, nor be eligible to office. Let a native
American, be suddenly bereft of these privilege, and loaded with the
disabilities of an alien, and what to the foreigner would be a light
matter, to _him_, would be the severity of _rigor_. The recent condition
of the Jews and Catholics in England, is another illustration.
Rothschild, the late banker, though the richest private citizen in the
world, and perhaps master of scores of English servants, who sued for
the smallest crumbs of his favor, was, as a subject of the government,
inferior to the lowest among them. Suppose an Englishman of the
Established Church, were by law deprived of power to own the soil, of
eligibility to office and of the electoral franchise, would Englishmen
think it a misapplication of language, if it were said, the government
"rules over him with rigor?" And yet his person, property, reputation,
conscience, all his social relations, the disposal of his time, the
right of locomotion at pleasure, and of natural liberty in all respects,
are just as much protected by law as the Lord Chancellor's.
FINALLY,--As the Mosaic system was a great compound type, rife with
meaning in doctrine and duty; the practical power of the whole, depended
upon the exact observance of those distinctions and relations which
constituted its significancy. Hence, the care to preserve serve
inviolate the distinction between a _descendant of Abraham_ and a
_Stranger_, even when the Stranger was a proselyte, had gone through the
initiatory ordinances, entered the congregation, and become incorporated
with the Israelites by family alliance. The regulation laid down in Ex.
xxi. 2-6, is an illustration. In this case, the Israelitish servant,
whose term expired in six years, married one of his master's _permanent
female domestics_; but her marriage, did not release her master from
_his_ part of the contract for her whole term of service, nor from his
legal obligation to support and educate her children. Neither did it do
away that distinction, which marked her national descent by a specific
_grade_ and _term_ of service, nor impair her obligation to fulfill
_her_ part of the contract. Her relations as a permanent domestic grew
out of a distinction guarded with great care throughout the Mosaic
system. To render it void, would have been to divide the system against
itself. This God would not tolerate. Nor, on the other hand, would he
permit the master, to throw off the responsibility of instructing her
children, nor the care and expense of their helpless infancy and
rearing. He was bound to support and educate them, and all her children
born afterwards during her term of service. The whole arrangement
beautifully illustrates that wise and tender regard for the interests of
all the parties concerned, which arrays the Mosaic system in robes of
glory, and causes it to shine as the sun in the kingdom of our Father.
By this law, the children had secured to them a mother's tender care. If
the husband loved his wife and children, he could compel his master to
keep him, whether he had any occasion for his services or not. If he did
not love them, to be rid of him was a blessing; and in that case, the
regulation would prove an act for the relief of an afflicted family. It
is not by any means to be inferred, that the release of the servant in
the seventh year, either absolved him from the obligations of marriage,
or shut him out from the society of his family. He could doubtless
procure a service at no great distance from them, and might often do it,
to get higher wages, or a kind of employment better suited to his taste
and skill. The great number of days on which the law released servants
from regular labor, would enable him to spend much more time with his
family, than can be spent by most of the agents of our benevolent
societies with _their_ families, or by many merchants, editors, artists
&c., whose daily business is in New York, while their families reside
from ten to one hundred miles in the country.