moreover
Ephraim commenting to mentalblog.com: dead meat and personal responsibility: This comment comes as a reflection on Tzemach's lament on Jewish society, which, if I understood correctly his point, was so corrupt that it pushed individuals into hands of Communism, feminism, etc.
Just couple of examples on Tanach concept of State and Justice, and how starkly different they are from the way Tzemach sees the last century (and probably contemporary) Jewish traditional society. As an example, I think that any society can be judged by how it regulates its relationship with the alien. Status of a non-Jew.
1. If an non-Jewish slave was maimed - he is ordered free. This law is understood as a counterweight to a widespread practice through ancient Rome and probably before to maim a slave as a sign of eternal slavery.
2. If a slave is intentionally killed (sign for being killed intentionally - if he was hit by a stick and couldn't walk any longer. Commentators say that the same applies if he was hit by a fist with visible intention to kill), his master or any other who caused his death is put to death. This law applies to a non-Jewish slave, even if it is a woman or a minor! Obviously, Jewish slave is protected by law as any other regular citizen.
3. If a slave runs away from his master, according to Torah dictum he is automatically granted asylum. Again, as commentators emphasize, it applies to a non-Jewish slave who ran away from a master in a neighboring country. Moreover, being that this law is discussed along with laws of moral behavior during war, it means that the slave crossed front lines, and he is granted immunity. Also, Torah says that he is given a permission to settle in "one of your gates that he chooses." Freedom of movement - to a non-Jew, a former slave, one who escaped from an enemy territory.
4. One thing about Jewish slaves. Status of a Jewish has been mentioned many times, and it is emphatically stated number of times in Torah that Jewish slave is no other but "wage laborer" on a fixed term contract, but his body is not anyone's property. Therefore his human and civil rights, and his personal freedoms and rights have to be protected. Specifically about female slaves: Female slave is not for work, only to be taken into the house as a concubine, with her basic rights to be observed.
5. If we talk about civil status of females, institution of marriage that protects woman's legal rights (kettubah) is quite revolutionary. And institution of divorce is outright revolutionary for those days. (To remind you of contemporaneous burning of women whose husband died...)
I don't know to say how much of it was observed in practice, but one cannot be unimpressed with how revolutionary and - excuse the word, liberal - sometimes Torah seems to be, with strong emphasis on universality of law, with equality before justice and civil rights based on the fact of being human. Moreover, this tradition was strong enough so that the Prophets four hundred years later claimed that the impeding Destruction was due to corruption of these laws - notably, for not releasing Jewish slaves. This means that anti-slavery sentiments were strong enough to gain traction.

<< Home