Gittin 39: Getting Out of Slavery

Continuing yesterday's conversation regarding the consecration of slaves, the rabbis wish to understand how a slave compares with other property.  The rabbis suggest that a person does not make a statement for no reason.  And so if a slave is consecrated, and of course not sacrificed to the Temple, how do we interpret the slave's consecration?  Is a slave like moveable property?  Like land? If a slave's hair is considered to have already been cut once his owner intends that it is cut, how does that affect his status as a consecrated person?

The rabbis extend the analogy of a slave being like land.  They consider what is done with grapes as they ripen, for example, and what can be done with the vines ahead of time.  They consider, as well, whether or not a bill of manumission is actually required when a slave is freed.  It seems that some verses suggest that a bill of manumission is absolutely necessary to ensure that a slave is freed.

The rabbis consider what happens when a slave is freed by his master  who then dies.  Is this like other cases of death before one is released, like a man who has written a get for his wife but has not yet delivered it to her hand when he then dies?  

We are given an example of one of their questions via the rabbi's story of a maidservant whose master was dying.  She came to him in tears, begging to be freed from servitude.  He threw his hat to her and said that she should acquire the hat and with it her freedom.  Sounds terrific -- except that a court denied the relevance of his actions: "He did nothing".  This is because he act was one of transfer of ownership, which is different from an act releasing one from ownership.

Again, it seems incredulous to discuss people's freedom as human beings in this way.  It is hard to believe that only recently did most societies set aside the notion of slavery and indebted servitude as barbaric.  More - it is hard to believe that our society only recently developed and instituted bills of human rights.

As Jews of conscience, what do we do with this?