[Avodah] Torah and Slavery

Jacob Farkas jfarkas at compufar.com
Mon Feb 26 04:12:56 PST 2007


R' Akiva Miller wrote:
> What I *don't* understand is RMB's comment that:
>  > When the economy requires slavery to prevent failure, poverty, and
>  > even worse ills, then Hashem says "this is how to do it".
> 
> I don't get it. Could you describe to me which sort of economy
> *requires* slavery? Which sort of economy *requires* kinyan haguf? In
> which sort of economy is a sweatshop too expensive?
> 
> Pay them however little you want. Deduct rent and meals and whatever
> else from their salary, leaving only a few pennies left for their net
> pay. Do whatever else you want, and whatever else the Torah requires
> of a baal/eved. But stop short of actually owning them.

At least as an Eved, living wage is met. Paying someone a salary that 
makes it impossible to live except under extreme duress is possibly 
worse than the indignity of Qinyan haGuf. In any event, the Torah 
forbids taking advantage of your worker, whether you own him, or you pay 
him by the day/hour/year. The Torah expects humane treatment by employers.

> What advantage is there (in kinyan haguf) to the employer or to the
> economy? We read all the time of sports figures who are traded to a
> different team, even a team which the athlete might not like. But it
> is only the employee's services which got bought and sold, not his
> guf. Why does the Torah allow this?

It is funny that you mention professional athletes. It can be argued 
that one variation of Qinyan haGuf extant in our society is that of 
sports teams and their pro athletes. While they are individuals who have 
legal autonomy, they usually sign contracts that prohibit them from 
engaging in otherwise standard activities, (e.g. playing basketball in a 
gym, a contract clause made famous a few years back concerning former NY 
Yankees 3B Aaron Boone) out of fear that they may injure themselves, a 
damage that affects the team's property.

--Jacob Farkas



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