.LSS'lS Division. Section L'^S'^b Digitized by the Internet Archive in 2019 with funding from Princeton Theological Seminary Library https://archive.org/details/statusoflaborinaOOsulz THE STATUS OF LABOR IN ANCIENT ISRAEL f V J t •» * f, ' A r N i ^ 4 THE STATUS OF LABOR IN ANCIENT ISRAEL MAYER SULZBERGER, LL.D. PHILADELPHIA THE DROPSIE (X)LLEGE EOR HEBREW AND CXIGNATi: ElARNING 1923 Printed at THE CONAT PRESS, Philadelphia, Penna., U.S.A. TO THE HONORABLE ROBERT VON MOSCHZISKER, CHIEF JUSTICE OF PENNSYLVANIA THIS LITTLE WORK IS DEDICATED IN TOKEN OF OUR ANCIENT AND AFFECTIONATE FRIENDSHIP. THE STATUS OF LABOR IN ANCIENT ISRAEL* PREFACE The conclusions reached in the following four lectures will scarcely meet with ready acquiescence, since they depart from notions very generally entertained. Their form too is not according to the conventional standard. There has been no attempt at dogmatism and no effort to achieve literary grace. Their object was to attract the attention and arouse the efforts of the students of the “Dropsie College for Hebrew and Cognate Learning,” to follow the author’s procedure in investigating the subject without preconceived opinions, and to stimulate research in similar directions. To accomplish this purpose, the author deemed it best to cite at length the data on which he worked and to show the process whereby he reached his conclusions. Needless to say, the texts from which he worked, no¬ where state, in so many words, the conclusions arrived at by him. Half a century’s acquaintance with witnesses and their testimony has convinced him that no narrative, however sincere, ever tells the whole story. There appears to be a feature of the human mind which is averse to stating facts that are so familiar to the narrator, that he sub¬ consciously assumes that everybody knows them as well as himself, and that to repeat them would be absurd. Hence the true meaning of a witness’ narrative is to be found not only in what he expressly says, but also in what *A course of four lectures read before the Dropsie College For Hebrew and Cognate Learning, January 14, 16, 23 and February 4, 1923. 1 2 THE STATUS OF LABOR IN ANCIENT ISRAEL he does not say, but which may be fairly implied from the words used. On this principle, the author has, on occasion, acted, and hence are derived some conclusions which may, at first sight, seem bizarre. This method also involves the necessity, or at least the desirability, of setting out texts in full wherever they are made use of. It follows that some of them are stated more than once, and that ungainliness in the presentation results. The desire to make the lectures educative is the only excuse for such defects. The author hopes, however, that he has made at least a beginning toward a better comprehension of the labor question in ancient Israel. I The reader of the English versions of the Hebrew Scriptures must have been struck by the frequency with which he finds “the stranger, the fatherless and the widow” mentioned together. The coupling of the rank outsider, with those who apparently belong to the most intimate circle of the insiders, arouses attention. An easy explanation of the phenomenon is that these classes are dependent upon the gracious kindness of the community and that, in this respect, they stand on common ground. This answer leaves us uninformed. Why should every stranger, every fatherless child, every widow be thrown on public charity? No intelligent government would tolerate the influx of large masses of aliens who could do nothing for the com¬ munity but would be a mere burden. Moreover, most fatherless children and most widows would have family connections who would provide for them THE STATUS OF LABOR IN ANCIENT ISRAEL 3 and many must have had shares in estates which precluded the necessity of public charity. It is true that the common translation of these words, gevj yatom and almanah by stranger, fatherless and widow has much justification. Undoubtedly they all, on some occasions, have these meanings. We must, however, keep in mind, that in the Hebrew as in all other languages, ancient and modern, there are many words which have more than one meaning and that these various meanings are sometimes conspicuously far apart and often seem unrelated to each other. Take as an example, this very word stranger in our own language. Murray’s Dictionary (volume 9, pp. 1079- 1081) lists twenty-five meanings for it, covering as might be expected, a wide range of thought. That it stands for “one who belongs to another country”, everybody knows, but that on certain occasions it means the British coin called “the guinea”, few would guess, though, on reflection, many of us will realize that here at home, five-dollar gold pieces may fairly be called “strangers” by the most of us. The moral is that times, circumstances, even caprices cause the attribution of new meanings to well-known words, and that such new meanings become at times general and at times merely narrow and technical. If we then find that the general meanings of ger, yatom and almanah in the Biblical versions leave us puzzled in the endeavor to discover why this stranger should be thrust into the very heart of the national house¬ hold, and why orphanage and widowhood should be con¬ stantly subject to attacks which must be fended off, it will be reasonable to seek for an explanation in any direction which may give us light. Acting on this hint we may fairly inquire whether the 4 THE STATUS OF LABOR IN ANCIENT ISRAEL words in question have not other meanings than those accepted by the versions. As the word ger starts the puzzle, we may begin with it. That it means stranger by the rules of etymology is true. Etymology is, however, not the sole or final deter¬ mining cause of all the meanings of words as historically developed. There are other Hebrew words that are also translated “stranger”: nokri {hen nekar), zar, toshaby sakir. An analysis of the passages in which these words are used, shows that at a stage of Hebrew history, as early at least as the reign of David, and probably earlier, the Hebrews had divided these foreigners into two great classes, the one characterized by unmitigated foreignness, while the foreign¬ ness of the other class was modified by closer social relations. The first class—the absolute foreigners—were the zar and the nokri. The second class—relative foreigners—were the gery the toshab and the sakir. It may be noted that in the progress of time, some of these words underwent startling changes of meaning. Zar, for instance, from being practically synonymous with nokriy^ came in time to include a non-member of any particular body, in which sense it is found applied even to Hebrews standing outside of an intimate circle.* Nokriy is applied in general to the unmitigated, the hostile alien. But in his case there is one important exception, to wit, the nokri slave, the 'ebed. While it is true that the word that interests us par¬ ticularly is gery it is necessary in order to understand it fully that we should comprehend what the nokri was and ascertain whether the ger was like him, or if he was not, iDeut. 32.16; Isa. 1.7; 43.12; 61.5; Jer. 5.19; 51.2; Ezek. 11.9; 28.7, 10; 30.12; 31.12; Hosea 7.9; 8.7, 12; Psalm 44.21; 81.10; Job 19.15. sExod. 29.33; 30.33; Lev. 22.10, 12, 13; Num. 1.51; 3.10, 38; 17.5; 18.4, 7;Deut. 25 . 5 . THE STATUS OF LABOR IN ANCIENT ISRAEL 5 we should determine in what respect they differed. Initially, it is well to dispose of the slaves. ^ Among the ancient nations in general slavery was an important institution. It represented the great labor force._ While the masters were continually ready for war or actually waging it, the slaves did the bulk of the peace¬ ful work necessary for the community. With the Hebrews it was otherwise. Their position in Egypt was not such as enabled them to acquire or to hold others in slavery. When, soon after the Exodus, the invasion of Canaan was begun, the tribes Reuben and Gad (later joined by the half-tribe of Man- asseh) elected to remain in the land East of Jordan and the Dead Sea, because they judged it to be a good place for cattle-raising.3 Being a pastoral people, by inheritance, the sight of the goodly land took away their ambition to become agriculturists in the Westland. Moses acquiesced in their decision, stipulating however that their soldiers should accompany the other tribes in the war against Canaan. They were to leave “their wives, their little ones and their cattle” in the land beyond Jordan to await the return of the menfolk from the war. If there had been any considerable number of slaves, there would, in that connec¬ tion, have been some mention of them. At most there could have been but few and in this respect the other tribes were, without doubt, in like condition. The slave was called 'ehed. If he was bought, this term was supplemented by the words miknat kesef (bought for money). If he was born of slave parentage in the house¬ hold, he was called ben-bayit (son of the house), or yelid bayit (born in the house), or ben-amah (son of the hand¬ maid), these three terms being nearly or quite synonymous. ^ Something, by the way, should be said concerning »Num. 32.1-42. 6 THE STATUS OF LABOR IN ANCIENT ISRAEL the mode in which these words have been rendered by the translators. They are all compound nouns, and should be so treated. The versions, however, analyze the expressions and translate the component elements separately. For instance, in Genesis 15.3 Abraham complains to God: ‘T am childless and my hen~hayit will be my heir.” This, in effect, characterizes the relation as being a kind of qualified adoption. The versions render “one born in my house is to be mine heir,” ignoring the fact that a man’s own son is usually born in his house. The rendering should have been: “I am childless and my house-born slave will be my heir.” The word is used in this sense in Ecclesiastes 2.7. And so with yelid-hayit. In Genesis 14.14 when Abraham enters into a campaign to release Lot who had been captured, he armed his trained home-born slaves {hanikaw yelide heto ), pursued and defeated the ravishers. The versions again seem to miss the point, though A. V. senses it. So too in the 17th chapter of Genesis where the cove¬ nant of Abraham is established. The 12th and 13th verses are careful to enforce the obligation to perform the rite on slaves, whether miknat kesef or yelid hayit. The words are used in the same sense in Leviticus 22.11 and in Jere¬ miah 2.14. In considering the position of the slave we must always keep in mind that the Hebrews had a rooted aversion to the system. To them it seemed an institution “accursed”^ and this attitude made the lot of their slave essentially different from his condition among other nations and from forms of slavery persisting to our own time. The conspicuous feature that contributed to his betterment was his admission to participation in the family worship. Lev. 25.50; Job 7.1; 14.6. »Isa. 16.14. 8Exod. 22.20-26. si'Lev. 10.13. «Gen. 27.42-45. 44 THE STATUS OF LABOR IN ANCIENT ISRAEL expression occurs in the narrative of Jacob’s love for Rachel which was so great that his service of seven years for her seemed to him but “a few days.”"*^ Rebecca did not expect her son to pay a visit to her brother in order to enjoy a genteel vacation. She knew that when there, he would be expected to earn his living by working for it. And so indeed it happened. We are told what he did: “And he (Jacob) abode Hmmo (with him, Laban) for the space of a month.This is the way the versions put it, the real meanng being that he served him (worked for him) for that time. The next verse proves this. Laban says to Jacob: “Because thou art my nephew {ah) shouldst thou therefore serve me for naught? Tell me, what shall thy wages be?’’"*^ And when Jacob departed and there was bad blood and chiding between him and Laban, the former remarked: “These twenty years have I been with thee'' plainly mean¬ ing “These twenty years have I worked for thee.”'*'* The twenty-fifth chapter of Leviticus, which treats of the sabbatical year and the year of jubilee uses this preposition 'im freely. We may quote in this connection the already cited sixth verse, which the translators have found troublesome. The J.P.S. version renders: “And the sabbath-produce of the land shall be food for you: for thee, and for thy servant {'ebed), and for thy maid {amah), and for thy hired servant {sakir), and for ‘the settler by thy side’ {tosha- beka), that ‘sojourn with thee’ {haggarim ‘immak).’’ According to our hypothesis the latter part of the sentence really means: “And for thy sakir and for thy toshab that are in thy employ.’’ Another instance is the provision regarding the fugitive «Gen. 29.20. «Ibid. 29.14. «Ibid. 29.15. «Ibid. 31.38. THE STATUS OF LABOR IN ANCIENT ISRAEL 45 slave.The J.P.S. version is: “Thou shalt not deliver unto his master a bondman {‘ebed) that is escaped from his master unto thee. He shall dwell with thee {'inimeka) in the midst of thee, in the place which he shall choose within one of thy gates, where it liketh him best; thou shalt not wrong him {to tonennu)” the meaning of which is: Thou shalt not deliver unto his master a bondman {‘ebed) that is escaped from his master’s service {me‘im adonaw) unto thee. He shall settle in thy employment {'immeka) in thy midst, in the place which he shall choose within one of thy gates which it liketh him best; thou shalt not wrong him.” Here we see that the slave has escaped from ''with his master.” That relation is not one of friendly intimacy or of equality. It is the relation of servitude. Nor is the new relation which is to be established for the fugitive any other than one of employment. It also is described by the same preposition 'im. Moreover there is the significant prohibition lo tonennu^ thou shalt not maltreat him, a verb habitually used to describe the ill-treatment of the workman, the ger, which goes far to indicate that the employment of the fugitive slave is contemplated. Other instances of the use of this preposition 'im in the sense of being in another’s employment are numerous. There is the story of Micah a rich Ephraimite who had a little temple of his own in which he set up ephod and teraphim and consecrated one of his sons to be the priest (Kohen), And there came along a Levite, seeking employment. In those early days, there must have been a class of trained «Deut. 23.16, 17. ^•Instances of the use of this verb in connection with the oppression of the get or other employees are Exod. 22.20; Lev. 19.33; Jer. 22.3; Ezek. 18.12; 22.7, 29. <7Lev. 25.50, 53; Deut. 15.16; Jud. 17.10; 1 Sam. 2.21. 46 THE STATUS OF LABOR IN ANCIENT ISRAEL priests called Levites, who sought employment in their capacity in every one of the tribes. Micah said to him: ‘‘Dwell with me {^immadi) . . . and I will give thee ten pieces of silver by the year, and a suit of apparel and thy victuals.” (J.P.S. version.) The Levite cheerfully accepted, whereupon Micah installed him and he became Micah’s priest, at which Micah greatly rejoiced, believing that the Levite had much more influence with the Lord than his own son would have had, who was after all but an amateur and not a professional priest. The last example we shall cite of this use of the word 'im is perhaps the most interesting. It is part of the history of the prophet Samuel.''^ The versions agree that the lad ‘‘grew before the Lord,” the text using the word 'im. The true meaning must be that the acolyte Samuel was reared in the service of the Lord. When we remember that his mother devoted him to the Lord’s service when he was a mere babe^® and that the child ministered unto the Lord before the priest Eli,^^ we must conclude that the narrative records the lad’s progress in the service. This use in Hebrew of the word 'im (with) to denote employment, has its analogue in our ordinary English. We have all heard men say, sometimes with evident self- sufflciency, that they are with a great corporation, or a leading mercantile or banking establishment. They do not mean to assert that they are chief or part owners of the business. All they wish us to understand is that they are of its employees. The third word that contributes to the difficulty is im, the general meaning of which is “if.” It may however, on occasion, mean “when.”^^ **Jud. 17.7-13. <*1 Sam. chs. 1-3. “1 Sam. 1.28. Sam. 2.11, 18; 3.1. ^^Brown-Driver, Lexicon, p. 50, sub voce Im b4. THE STATUS OF LABOR IN ANCIENT ISRAEL 47 Having digressed long enough from the main subject in order to elucidate these three words, we may now, in the light of the suggestions put forward, return to our text and seek to make it clearer than the versions have succeeded in doing. This is the way in which we would explain it:^^ ‘‘And if a man borrow aught of his (Hebrew employee) and it be hurt or die, the owner thereof not being employed with it, the borrower must make restitution. If the owner thereof be employed with it, the borrower need not make it good. When the man is sakir (that is, hired with his animal to work for a stipulated daily wage), this wage covers everything, the labor of the man, the labor of the animal and the risk of the animal’s injury or death while employed in the work under its owner.” . The legal reason for the rule if thus established is impeccable. Under the circumstances, when the owner of the animal is himself using it, an injury suffered by it could not with any show of justice be charged to the em¬ ployer of the man and the beast. It was the duty of the owner to care for his beast. It was under his control and if it was negligently used, the fault is the owner’s and not the employer’s. The Mishna seems to understand the law in the same way. In discussing our text it lays down these principles: “If a man borrow a cow and, at the same time or before, hire its owner, and the cow is hurt or dies, the borrower is not liable to pay for the cow, because the Bible says (Exod. 22.14): ‘If the owner thereof be with it, he need not make it good.’ It evidently identifies the owner of the cow with the sakir who has been hired with it or before it, and who works with it. We have, however, not yet finished with the Toshab. “Exod. 22.13, 14. “Mishnah, Baba Mesi'a, 8.1. 48 THE STATUS OF LABOR IN ANCIENT ISRAEL He also appears in the expression ger we-toshab and once as ger toshab. Considerable learning has been expended on the differ¬ ence between these two forms. As they obviously have the same meaning, the variation need not further concern us. When Abraham, after the death of his wife Sarah, felt reluctant to bury her in a cemetery over which he would have no control, he applied to the bene-Heth^ the natives of the land, and began by saying: I am ger we-toshab with you, 55 meaning that though he considered himself a resi¬ dent, he recognized the law that, as a ger^ he could not be the absolute owner of land. He therefore appealed to them to make an exception under the sad circumstances. Their replies were courteous. They offered him the use of any of their own sepulchres, which would require no infringement of the settled law. He, however, persisted in his request for a sepulchre which would be his absolute property (ahuzzah), and they graciously complied with his request. Needless to say, the lord of the land accepted full payment in silver for the field of Machpelah and the cave that is therein. That the inability of the ger we-toshab to own land in perpetuity was an accepted doctrine among the Hebrew^, appears plainly from the terms of the jubilee law, which required the return in that year, of all purchased land, to its original owner,s? the reason stated being that the land itself is God’s, and that the human beings who claim its ownership are, as regards Him, merely gerim we-tosha- bim,^^ who, of course, could not be absolute owners. When the Hebrews are forbidden to hold fellow- Hebrews as slaves, there is leave granted them to acquire ^ebed or amah from the surrounding nations,59 and also t^Gen. 23.4. seibid. 23.5-20. ^’Lev. 25.10. ^sibid. 25.23. MIbid. 25.44. THE STATUS OF LABOR IN ANCIENT ISRAEL 49 from the toshabim in their employ.^® Mention has already been made of the fact that these toshabim may reach a certain degree of prosperity. An interesting linguistic circumstance in that regard is the fact that such a prosper¬ ous toshab is spoken of in the same verse as ger we-toshab and as ger toshab It is time now to return to our simple ger uncom¬ plicated with toshab or sakir. The presence of a large population in an inferior posi¬ tion but in close relations with Israel would naturally result in a gradual abandonment by them of many prior practices and in a progressive assimilation with the prac¬ tices of their employers. The absorption of the slave population in the religious community of Israel would be an element tending to hasten such a process. To determine the course it actually took may be difficult but not quite impossible. The records give us evidence which may be arrayed under the following heads: A. The gradual admission of the ger to participation in the national religious festivals. B. Their gradual subjection to laws imposed prima¬ rily on Israelites alone. C. Their presence on occasions of extraordinary solemnity as if they were an integral portion of Israel. D. The careful provisions made for their gaining and maintaining material advancement. A. Their position in regard to the festivals: In the Paschal lamb celebration, the ger were not expected to participate. They were supposed, in general, to maintain their own religious rites and peculiarities, but provision was made that if any one of them desired to join the Israelites in this solemn ceremony, he was at liberty to do so, if he complied with the one condition ®®Ibid. 25.45. The words are: “mi-bene ha-toshabim ha-garim immakem.” «ilbid. 25.47. 50 THE STATUS OF LABOR IN ANCIENT ISRAEL imposed, namely that he and the male members of his family should leave the class of ^arelim and become initiated into the covenant of Abraham. This was evidently at an early period when it was considered unwise to permit the employer to persuade his ger to adopt Hebrew customs, but the latter was left free to act according to his own desire, without interference of any kind. And the supplemental ordinance which established for certain emergencies, a Passover of the second month for those who could not lawfully celebrate it in the first month, has the same provision for the ger who wishes to avail himself of it, reference being made to the original Pesah ordinance as the norm.^^ The festival closely related* to that of the Paschal lamb is the Massah festival, (the festival of unleavened bread).The ordinance establishing it provides that Israelites must eat unleavened bread during seven days and that leaven must be put away out of the houses and “whosoever eateth leavened bread from the first day until the seventh day, that soul shall be cut off from Israel. As this like the Paschal lamb celebration commemorated Israel’s Exodus from Egypt, it was but natural that the command should be limited to Israel alone. Later on, however, in the same chapter, the ordinance is repeated, but this time three words are added ha-ger u-he-ezrah ha- ares, which the versions render “whether he be a sojourner or one born in the land.’’^^ Without stopping to analyze the meaning of this addition, it may be remarked, that in view of the fact that the punishment was excision from Israel, its denunciation against a non-Israelite like the ger would seem strange. The explanation of the apparent inconsistency is to be found in the additional prohibition ®2Exod. 12.49. ®®Num. 9.14. ®*Exod. 12.18; Deut, 16.3. «5Exod. 12.15. ®®Ibid. 12.19. THE STATUS OF LABOR IN ANCIENT ISRAEL 51 that “seven days there shall be no leaven found in your houses. “^7 This could not be enforced, if there were a group of inhabitants who were at liberty to eat leaven. The ger were not directed or compelled to assume a religious duty of Israel, but they were prevented from interfering with the religious practices of Israel. The Masj^ot ordinance therefore viewed the ger, just as did the Passover ordinance, that is, neither considered him as being religiously affiliated with Israel. Other texts on the subject are to the same effect: “There shall no leavened bread be seen with thee, neither shall there be leaven seen with thee in all thy borders. Affirmation of this view of the gers position is found in the fact that there was to be a holy convocation and a cessation of servile labor in Israel on the first and the last days of the seven, but there is no word respecting the ger in this connection. He is not expected to assist in the celebration of the festival. His sole part is to avoid inter¬ ference with the enforcement of the leaven prohibition. The gers religious aloofness is maintained in regard to the Day of Atonement. The ordinance is directed to Israel alone and no one else is included. It is to be a fast day and a rest day; and whosoever breaks the rule against certain forbidden indulgence “shall be cut off from his people,” and whosoever works on that day will be de¬ stroyed “from among his people.”^® Another version of the ordinance^^ presents a variation in that it brings in the ger. After directing like the other, that ye shall afflict your souls and shall do no manner of work, it like the Massah ordinance has the words: ha- ezrah we-ha-ger ha-gar betokekem which the versions simi¬ larly render ‘whether it be one of your own country or a «7Exod. 12.19. «»Ibid. 13.7; Deut. 16.4. »»Exod. 12.16; Lev. 23.7, 8; Num. 28.18, 25; Deut. 16.8. «Lev. 23.27-32; Num. 29.7. ^iibid. 16.29. 52 THE STATUS OF LABOR IN ANCIENT ISRAEL stranger that sojourneth among you’ (King James); 'the home-born or the stranger that sojourneth among you’ (J.P.S.). The true bearing and meaning of the added clause will be discussed hereafter. For the present, it is enough to note that the ger must abstain from work not because of any religious obligation resting on him, but rather in order that this day of solemn rest might not be marred by anybody’s working. The New Year’s day (Rosh ha-Shanah) ordinance has no reference whatever to the ger. It is to be a solemn rest, a memorial, a holy convocation. No servile work may be done thereon ,72 but it is for Israel alone and the ger is not called upon to do, or to refrain from doing, anything. Even the ordinance establishing the weekly Sabbath^^ with all its anxious care that the ger shall not work on that day, gives no inkling of an approach to a religious fellowship with Israel. It is a day of rest and work therein is forbidden, but the grounds of the prohibition are ad¬ dressed to Israel alone. They are based on Israel’s relation to God and have no hint concerning those who worship other gods. These grounds are: the Lord’s resting on the seventh day after the six days of creation^^ and His leading Israel out of Egyptian bondage, The ger is exempted from labor just as are the beasts used in agricultural work: “that thine ox and thine ass may have rest, and thy ben-amah and the ger may be refreshed.The ultimate aim of such a policy was to enforce Sabbath rest on Israelites themselves, which would have been impossible had their heathen workmen been allowed to cultivate their fields and perform other labors. That such enforcement was no easy matter, we learn from the earnest protests of the prophets: “If thou turn away thy foot because of the Sabbath, ^^Lev. 23,24, 25; Num. 29.1. ^^Exod. 20.10; Deut. 5.14. ’