The Torah permits slavery. Many (including myself) hold that Judaism is philosophically anti-slavery. If so, why are we prohibited to free an eved Canaani? Let me know what you think of my answer.
May 12, 2023·edited May 12, 2023Liked by Rabbi Matt Schneeweiss
If it is prohibited to free an eved Canaani, then why does Rambam give explicit instructions as to how to go about doing so? For instance, "How does a {Canaanite] slave achieve his freedom through the transfer of a legal document? The master must write to him on a paper or on a shard: 'Behold, you are a free man,' 'Behold, you are your own property,' 'I no longer have anything to do with you,' or other statements that share this theme. For this is the primary content of a bill of release. Afterwards, he gives him the document in the presence of two witnesses. Similarly, if witnesses have signed on the bill of release and he gives the slave the bill of release in private, he attains his freedom" (Avadim 5:3). Nowhere in Avadim ch. 5 is there any caution given that such a procedure, though enforceable, is forbidden. Nor does Rambam say that the procedure may be carried out only "to facilitate the observance of a mitzvah."
That's a noteworthy point! I don't know my history, but I can't imagine that in the Southern pre-Civil War United States they had many laws on the books detailing the formal procedure for freeing slaves.
I see! Especially: "A 1723 law stated that slaves may not 'be set free upon any pretence whatsoever, except for some meritorious services to be adjudged and allowed by the governor and council.'"
If it is prohibited to free an eved Canaani, then why does Rambam give explicit instructions as to how to go about doing so? For instance, "How does a {Canaanite] slave achieve his freedom through the transfer of a legal document? The master must write to him on a paper or on a shard: 'Behold, you are a free man,' 'Behold, you are your own property,' 'I no longer have anything to do with you,' or other statements that share this theme. For this is the primary content of a bill of release. Afterwards, he gives him the document in the presence of two witnesses. Similarly, if witnesses have signed on the bill of release and he gives the slave the bill of release in private, he attains his freedom" (Avadim 5:3). Nowhere in Avadim ch. 5 is there any caution given that such a procedure, though enforceable, is forbidden. Nor does Rambam say that the procedure may be carried out only "to facilitate the observance of a mitzvah."
That's a noteworthy point! I don't know my history, but I can't imagine that in the Southern pre-Civil War United States they had many laws on the books detailing the formal procedure for freeing slaves.
There is some interesting info about this at https://en.wikipedia.org/wiki/Manumission.
I see! Especially: "A 1723 law stated that slaves may not 'be set free upon any pretence whatsoever, except for some meritorious services to be adjudged and allowed by the governor and council.'"