hen Jacob went into
Egypt, they _chose_ to stay in their own country. The government might
sell _thieves_, if they had no property, until their services had made
good the injury, and paid the legal fine. Ex. xxii. 3. But _masters_
seem to have had no power to sell their _servants_. To give the master a
_right_ to sell his servant, would annihilate the servant's right of
choice in his own disposal; but says the objector, "to give the master a
right to _buy_ a servant, equally annihilates the servant's _right of
choice_." Answer. It is one thing to have a right to buy a man, and a
different thing to have a right to buy him of _another_ man[A].
[Footnote A: There is no evidence that masters had the power to dispose
even the _services_ of their servants, as men hire out their laborers
whom they employ by the year; but whether they had or not, affects not
the argument.]
Though servants were not bought of their masters, yet young females were
bought of their _fathers_. But their purchase as _servants_ was their
betrothal as wives. Ex. xxi. 7, 8. "If a man sell his daughter to be a
maid-servant, she shall not go out as the men-servants do. If she please
not her master WHO HATH BETROTHED HER TO HIMSELF, he shall let her be
redeemed."[B]
[Footnote B: The comment of Maimonides on this passage is as follows: "A
Hebrew handmaid might not be sold but to one who laid himself under
obligations, to espouse her to himself or to his son, when she was fit
to be betrothed."--_Maimonides--Hilcoth--Obedim_, Ch. IV. Sec. XI.
Jarchi, on the same passage, says, "He is bound to espouse her and take
her to be his wife, for the _money of her purchase_ is the money of her
espousal."]
VII. We infer that the Hebrew servant was voluntary in COMMENCING his
service, because he was pre-eminently so IN CONTINUING it. If, at the
year of release, it was the servant's _choice_ to remain with his
master, law required his ear to be bored by the judges of the land, thus
making it impossible for him to be held against his will. Yea more, his
master was _compelled_ to keep him, however much he might wish to get
rid of him.
VIII. The method prescribed for procuring servants, was an appeal to
their choice. The Israelites were commanded to offer them a suitable
inducement, and then leave them to decide. They might neither seize them
by _force_, nor frighten them by _threats_, nor wheedle them by false
pretences, nor _borrow_ them, nor _beg_ them; but they
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