Jewish views on slavery

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Jewish views on slavery are varied both religiously and historically. Judaism's ancient and medieval religious texts contain numerous laws governing the ownership and treatment of slaves. Texts that contain such regulations include the Hebrew Bible, the Talmud, the 12th-century Mishneh Torah by Rabbi Moses ben Maimon, also known as Maimonides, and the 16th-century Shulchan Aruch by Rabbi Yosef Karo.^[1]

The Hebrew Bible contained two sets of laws, one for Canaanite slaves, and a more lenient set of laws for Hebrew slaves. From the time of the Pentateuch, the laws designated for Canaanites were applied to all non-Hebrew slaves. The Talmud's slavery laws, which were established in the second through the fifth centuries CE,^[2] contain a single set of rules for all slaves, although there are a few exceptions where Hebrew slaves are treated differently from non-Hebrew slaves. The laws include punishment for slave owners that mistreat their slaves. In the modern era, when the abolitionist movement sought to outlaw slavery, some supporters of slavery used the laws to provide religious justification for the practice of slavery.

Broadly, the Biblical and Talmudic laws tended to consider slavery a form of contract between persons, theoretically reducible to voluntary slavery, unlike chattel slavery, where the enslaved person is legally rendered the personal property (chattel) of the slave owner. Hebrew slavery was prohibited during the Rabbinic era for as long as the Temple in Jerusalem is defunct (i.e., since 70 CE). Although not prohibited, Jewish ownership of non-Jewish slaves was constrained by Rabbinic authorities since non-Jewish slaves were to be offered conversion to Judaism during their first 12-months term as slaves. If accepted, the slaves were to become Jews, hence redeemed immediately. If rejected, the slaves were to be sold to non-Jewish owners. Accordingly, the Jewish law produced a constant stream of Jewish converts with previous slave experience. Additionally, Jews were required to redeem Jewish slaves from non-Jewish owners, making them a privileged enslavement item, albeit temporary. The combination has made Jews less likely to participate in enslavement and slave trade.

Historically, some Jewish people owned and traded slaves.^[3] They participated in the medieval slave trade in Europe up to about the 12th century.^[4][5] Several scholarly works have been published to rebut the antisemitic canard of Jewish domination of the slave trade in Africa and the Americas in the later centuries,^[6][7][8] and to show that Jews had no major or continuing impact on the history of New World slavery.^{[7][8][9][10]} They possessed far fewer slaves than non-Jews in every Spanish territory in North America and the Caribbean, and "in no period did they play a leading role as financiers, shipowners, or factors in the transatlantic or Caribbean slave trades" (Wim Klooster quoted by Eli Faber).^[11]

American mainland colonial Jews imported slaves from Africa at a rate proportionate to the general population. As slave sellers, their role was more marginal, although their involvement in the Brazilian and Caribbean trade is believed to be considerably more significant.^[12] Jason H. Silverman, a historian of slavery, describes the part of Jews in slave trading in the southern United States as "minuscule", and writes that the historical rise and fall of slavery in the United States would not have been affected at all had there been no Jews living in the American South.^[13] Jews accounted for 1.25% of all Southern slave owners, and were not significantly different from other slave owners in their treatment of slaves.^[13]