Exodus 21:1-11
For two months God had led Israel, delivering them from Egypt, providing daily food and water, and obviously giving victory over both the Egyptian and the Amalekite armies. They had clearly seen it was God’s actions, not their own. Then God made a covenant or agreement with them. If they would keep all his commandments, they would be protected from the diseases and catastrophes other nations experienced.
“Now these are the judgments which thou shalt set before them.” (Exodus 21:1)
While the Ten Commandments gave the General principles as to what God expects, their very generality left a great deal of room for interpretation. To avoid confusion God gave specific instructions for common situations that might arise. Because special situations arise, he gave specific guidelines as to when the rules should be ignored as well. In the process he established penalties to be assessed for breaking those commandments, that justice might be preserved. The judgments were guidelines as to how the law was to be applied, and the penalties to be assessed for violations. There are potential conflicts in any human interaction and employer employee relations is a major source of conflict. It was one of the first areas God addressed. Over the centuries, Various systems of employment and compensation have developed. Initially all people were free and dependent on their own efforts. Some were less successful than others, and when they would get into financial difficulties, they might sell themselves or their children into servitude in exchange for food or money or to pay off a debt. In today’s terms, an indentured servant was a contract employee. Hired servants were hourly employees. Though our terminology and philosophy are different the problems in labor relations were the same, and these first judgments address them. The biggest single difference regarding today’s labor laws is the system of compensation.
“If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing. If he came in by himself, he shall go out by himself: if he were married, then his wife shall go out with him. If his master have given him a wife, and she have born him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself.” (Exodus 21:2-4)
A labor contract was limited to a term of six years. The initial servitude was often the result of parents or creditors hiring out the person to pay off a debt or raise money. It could not commit the man to lifetime of servitude. After six years the contract automatically expired and the employer had no claim to the things he had before he came in. By the same token, the expiration of his contract did not automatically entitle him to the tools and things his employer had provided. The property rights of both parties were protected, even to the giving of another servant to be the first’s wife. The expiration of the husband’s contract did not nullify that of the wife. Though they were married, she still had to fulfill her contract.
“And if the servant shall plainly say, I love my master, my wife, and my children; I will not go out free: Then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door post; and his master shall bore his ear through with an awl; and he shall serve him for ever.” (Exodus 21:5-6)
If the employee chose to retain his position rather than exercising his freedom he could establish a permanent contract, certified by having his ear pierced. A pierce ear was a symbol of voluntary enslavement. He might choose to do so either because of a liking for his position or to maintain his relationship with his wife and family. A man could not be held in slavery without his consent.
“And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.” (Exodus 21:7-8)
Sexual discrimination and harassment are major concerns in the modern workplace. A man could not hire a woman in order to seduce her. He had to make a long term commitment. She did not just become a slave to him. After six years she did not automatically go free, and he couldn’t just sell her off or fire her if she didn’t suit him. Her family or husband could buy back her contract, but it could not be sold to someone else. Not keeping her on was viewed as a breach of contract by the employer. He couldn’t just fire her because a younger woman caught his eye.
“And if he have betrothed her unto his son, he shall deal with her after the manner of daughters. If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish. And if he do not these three unto her, then shall she go out free without money.” (Exodus 21:9-11)
If his own son had an affair with a female employee she was to be treated as his own daughter. If he married a different woman, he was not allowed to toss her aside but still had to treat her as his wife in every way. Having money or power did not free one from responsibility. God understands human nature and provided the necessary protections from the first. He didn’t have to wait and see what would be needed like our lawmakers do. While it is totally foreign to our modern way of thinking, such a program is more fair and less prone to abuse than many modern systems.
For two months God had led Israel, delivering them from Egypt, providing daily food and water, and obviously giving victory over both the Egyptian and the Amalekite armies. They had clearly seen it was God’s actions, not their own. Then God made a covenant or agreement with them. If they would keep all his commandments, they would be protected from the diseases and catastrophes other nations experienced.
“Now these are the judgments which thou shalt set before them.” (Exodus 21:1)
While the Ten Commandments gave the General principles as to what God expects, their very generality left a great deal of room for interpretation. To avoid confusion God gave specific instructions for common situations that might arise. Because special situations arise, he gave specific guidelines as to when the rules should be ignored as well. In the process he established penalties to be assessed for breaking those commandments, that justice might be preserved. The judgments were guidelines as to how the law was to be applied, and the penalties to be assessed for violations. There are potential conflicts in any human interaction and employer employee relations is a major source of conflict. It was one of the first areas God addressed. Over the centuries, Various systems of employment and compensation have developed. Initially all people were free and dependent on their own efforts. Some were less successful than others, and when they would get into financial difficulties, they might sell themselves or their children into servitude in exchange for food or money or to pay off a debt. In today’s terms, an indentured servant was a contract employee. Hired servants were hourly employees. Though our terminology and philosophy are different the problems in labor relations were the same, and these first judgments address them. The biggest single difference regarding today’s labor laws is the system of compensation.
“If thou buy an Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing. If he came in by himself, he shall go out by himself: if he were married, then his wife shall go out with him. If his master have given him a wife, and she have born him sons or daughters; the wife and her children shall be her master's, and he shall go out by himself.” (Exodus 21:2-4)
A labor contract was limited to a term of six years. The initial servitude was often the result of parents or creditors hiring out the person to pay off a debt or raise money. It could not commit the man to lifetime of servitude. After six years the contract automatically expired and the employer had no claim to the things he had before he came in. By the same token, the expiration of his contract did not automatically entitle him to the tools and things his employer had provided. The property rights of both parties were protected, even to the giving of another servant to be the first’s wife. The expiration of the husband’s contract did not nullify that of the wife. Though they were married, she still had to fulfill her contract.
“And if the servant shall plainly say, I love my master, my wife, and my children; I will not go out free: Then his master shall bring him unto the judges; he shall also bring him to the door, or unto the door post; and his master shall bore his ear through with an awl; and he shall serve him for ever.” (Exodus 21:5-6)
If the employee chose to retain his position rather than exercising his freedom he could establish a permanent contract, certified by having his ear pierced. A pierce ear was a symbol of voluntary enslavement. He might choose to do so either because of a liking for his position or to maintain his relationship with his wife and family. A man could not be held in slavery without his consent.
“And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do. If she please not her master, who hath betrothed her to himself, then shall he let her be redeemed: to sell her unto a strange nation he shall have no power, seeing he hath dealt deceitfully with her.” (Exodus 21:7-8)
Sexual discrimination and harassment are major concerns in the modern workplace. A man could not hire a woman in order to seduce her. He had to make a long term commitment. She did not just become a slave to him. After six years she did not automatically go free, and he couldn’t just sell her off or fire her if she didn’t suit him. Her family or husband could buy back her contract, but it could not be sold to someone else. Not keeping her on was viewed as a breach of contract by the employer. He couldn’t just fire her because a younger woman caught his eye.
“And if he have betrothed her unto his son, he shall deal with her after the manner of daughters. If he take him another wife; her food, her raiment, and her duty of marriage, shall he not diminish. And if he do not these three unto her, then shall she go out free without money.” (Exodus 21:9-11)
If his own son had an affair with a female employee she was to be treated as his own daughter. If he married a different woman, he was not allowed to toss her aside but still had to treat her as his wife in every way. Having money or power did not free one from responsibility. God understands human nature and provided the necessary protections from the first. He didn’t have to wait and see what would be needed like our lawmakers do. While it is totally foreign to our modern way of thinking, such a program is more fair and less prone to abuse than many modern systems.
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