Did the Old Testament Endorse Slavery?

By Joshua Aaron Bowen

The God of the Old Testament commanded and endorsed many practices that we find morally reprehensible today. High on the list was the institution of slavery, which features prominently in several sections of the Hebrew Bible. Fathers could sell their daughters into slavery, masters could beat their slaves, creditors could carry off children for failure to repay a debt, and foreigners could be kept for life, passed down as inherited property. How are we to make sense of all of this from our modern point of view?

Atheists and skeptics will often say that the God of the Old Testament was a moral monster for endorsing such atrocities. Christians will often respond that the slavery in the Hebrew Bible wasn't as bad as we think, and was more like having a job or owning a credit card. While both sides of this debate are sincere in their positions, neither are ultimately correct. Our conclusions must derive from a thorough understanding of both the Old Testament and ancient Near Eastern contexts.

This extensively revised and expanded second edition includes a wealth of information and analysis, including three additional chapters and two new appendices. Dr. Bowen thoroughly explores law collections of the ancient Near East, asking why they matter, and how they influence our understanding of slavery in the Old Testament. A comparative analysis of the legal provisions made for the treatment of slaves in the ancient world sheds extensive light on how slavery in the Old Testament should be viewed in relation to other ancient cultures, and an entire chapter explores biblical slavery after the Old Testament, through the New Testament, early church, and down to the antebellum south.

This book will:

1. Provide a detailed overview of slavery laws and practices in the Old Testament and the ancient Near East.

2. Examine the significant – and highly controversial – passages in the Hebrew Bible that deal with slavery, including laws about beating your slave, taking foreign chattel slaves, and what to do if a slave runs away from their master.

3. Answer the most challenging questions about slavery in the Old Testament, including, "Could you beat your slave within an inch of their life and get away with it?", "Were slaves just property that had no human rights?", and "Did the Old Testament really endorse slavery?"

4. Consider how the biblical treatment of slaves changed from the Old to New Testament, and whether Old Testament slavery was substantially different to slavery in the American antebellum south.

• Language: English
• Publisher: Digital Hammurabi Press
• Release date: Aug 18, 2023
• ISBN: 9781736592090

Joshua Aaron Bowen

About The Author Joshua Bowen Dr. Joshua Bowen graduated from the Johns Hopkins University in 2017, with a Ph.D. in Assyriology. He wrote his dissertation on the lamentational liturgies of the city of Kiš, and specializes in the Sumerian language. Joshua was awarded the Deutscher Akademischer Austauschdienst (D.A.A.D.) and Fulbright scholarship during the 2014-2015 academic year, allowing him to spend the year in Tubingen, Germany, working with Dr. Konrad Volk on his dissertation project. As well as his Ph.D., Josh holds a B.S. in Religion from Liberty University, a Th.M. in the Old Testament from Capital Bible Seminary, and a M.A. in Near Eastern Studies from the Johns Hopkins University. Prior to entering academia, Joshua was a chaplain in the U.S. Airforce where he also gained an A.A. in Avionics. Joshua lives and works in southern Maryland, and spends his free time wrangling his 5 children, and sharing evidence-based information about the ancient Near East and the Hebrew Bible with his online communities.

Book preview

Did the Old Testament Endorse Slavery?

Second Edition

Joshua Bowen

Digital Hammurabi Press

Mechanicsville, MD.

Copyright © 2023 Joshua Bowen and Megan Lewis

Published by Digital Hammurabi Press.

Jacket art by Megan Lewis.

Author photo by Derek Lambert, MythVision Podcast.

All rights reserved.

No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by an information storage or retrieval system, except as may be expressly permitted by the 1976 Copyright Act or in writing to Digital Hammurabi Press, [e-mail].

Library of Congress Control Number: 2023913980

ISBN: 978-1-7365920-9-0

Did the Old Testament Endorse Slavery?

Second Edition

Contents

Preface to the First Edition

Preface to the Second Edition

Thanks and Acknowledgements

Thanks and Acknowledgements for the Second Edition

Abbreviations

INTRODUCTION

Why This Book?

What is Slavery?

Social Media and the Ivory Tower

Scholarly Consensus

Structure of the Book

A Note about Making Comparisons

My Hope for the Reader

CHAPTER ONE: Law Collections – What Were They and Why Does it Matter?

Introduction

Overview of the Law Collections

Laws of Ur-Namma (LU)

Laws of Lipit-Ishtar (LL)

Laws of Eshnunna (LE)

Laws of Hammurabi (LH)

Hittite Laws (HL)

Middle Assyrian Laws (MAL)

Middle Assyrian Palace Decrees (MAPD)

Neo-Babylonian Laws (LNB)

Old Testament Law Collections

Different Views on the Nature of the Laws

Legislation – Authoritative Law

Scientific Literature

Scientific Literature that Describes Legal Practice

Wisdom Literature

Royal Propaganda

Why Does It Matter?

CHAPTER TWO: An Overview of Slavery in the Ancient Near East

Introduction

Overview of Ancient Near Eastern Law

Sources for Ancient Near Eastern Law

Other Legal Sources

The Laws and Practice of Ancient Near Eastern Slavery

Types of Slavery

Slaves’ Rights

Protection of Foreigners

Conclusion

CHAPTER THREE:  An Overview of Slavery in the Old Testament

Introduction

Sources for Old Testament Laws

The Laws and Practice of Old Testament Slavery

Types of Slavery

Slaves’ Rights

Protection of Foreigners

Conclusion

CHAPTER FOUR: Commentary on Slavery Passages in the Hebrew Bible

Introduction

Exodus 21

Hebrew Debt Slave or Foreigner?

Purchasing Slaves

The Male Slave’s Release

Female Slave

Kidnapping

Physical Abuse

The Goring Ox

Summary of Exodus 21

Deuteronomy 15

Female Slave Release

Release with Provisions

Deuteronomy 20: Foreign Cities as Forced Labor

Deuteronomy 21: Taking Captive Wives

Leviticus 25

Property

Rigor

Conclusion

CHAPTER FIVE: Comparative Analysis – Ancient Near Eastern vs. Old Testament Laws

Introduction

Slave Sale (General)

Analysis

Debt Service

Analysis

Physical Treatment of Slaves, Distraints, and Pledges

Analysis

Slave as Wife/Other

Analysis

Slave Marriage: Slave as Husband and Wife

Analysis

Slave Homicide/Other

Analysis

Kidnapping

Analysis

Rape of a Slave Woman

Analysis

Slave Escape or Movement

Analysis

Conclusion

CHAPTER SIX: In the Aftermath: Slavery in the New Testament, Early Church, and Antebellum South

Introduction

Slavery in the New Testament and Early Church

The Divorce Principle of Matthew 19

Jesus and the New Testament Authors Condemning Slavery?

New Testament Passages in Support of Slavery

Slavery in the Early Church

Slavery in the Antebellum South

Slave Laws in the Colonial Period

Slave Laws following the Revolutionary War

Conclusion

CHAPTER SEVEN: Other Apologetic Arguments

Objection #1: Foreigners Had Equal Rights

Objection #2: Forever Doesn’t Mean Forever

Objection #3: Slaves Could Become Rich

Objection #4: Slave was an Honored Position

Objection #5: Property Can’t Have Rights

Objection #6: Slaves Could Run Away

Objection #7: Slaves Were Adopted into the Family

Conclusion

CONCLUSION

So… Was Slavery Endorsed?

What We Covered

Therefore… What?

Final Thoughts

Appendix A Commentary on Ancient Near Eastern and Old Testament Slavery Laws and Documents

Appendix B Laws on Battery

Appendix C Source Index

Bibliography

Preface to the First Edition 

In the two years that I have been engaging with people on social media, I have seen few topics come up in conversation as much as biblical slavery. Those who are antagonistic toward the Christian religion are quick to cite the topic, particularly as it appears in the Old Testament… and rightfully so. The fact is, laws concerning the appropriate practice of slavery are not only present in the Hebrew Bible, but they can also be quite shocking. Fathers can sell their daughters into slavery. Foreign slaves can be kept for life and passed on as inherited property. Slaves can – are even expected to – be beaten with a wooden rod. Indeed, to our modern sense of morality, such practices are to be condemned.

How should we approach such a hot-button issue? Most of the arguments that I have seen on social media – particularly those in video or blog format – tackle the relevant passages and concepts from either an anti- or pro-Christian perspective. Unfortunately, while each side of the debate has good points to make, the discussion is often left at an unmovable standoff, with either side vehemently opposed to genuinely understanding the point of view of the other.

This book is an attempt to bridge that gulf. There are two pieces of the puzzle that are missing from the discussions/debates described above. First, as noted, is the frequent lack of desire to truly understand the position of those holding an opposing viewpoint. This book is designed to address aspects of both sides of the topic of slavery in the Old Testament, including points of evidence that appear to support both the pro- and anti-Christian positions.

Second, there is a gross misunderstanding – in my opinion – of the broader context in which the Hebrew Bible was written. Specifically, there are ideas floating about concerning what other ancient Near Eastern cultures were like, and how the Old Testament greatly improved upon practices such as slavery. Our goal here is to paint a picture of slavery in the Hebrew Bible that can be situated within its well-defined ancient Near Eastern context.

By seriously considering and addressing the data that is cited on both sides of this issue, and by illuminating the ancient contexts in which these Old Testament laws were written, it is my hope that the reader will find in these pages information pertinent to placing Old Testament slavery in its proper historical and literary context.

Preface to the Second Edition

When we published the first edition in 2020, I certainly thought that it would be the last that I would have to write on the issue of slavery in the Old Testament. Given the stated and (I think) realized goals of the book, the chapters provided the reader with a wide range of scholarship that engaged with the essential realities of slavery in both the Hebrew Bible and in the ancient Near East. How could online apologists continue to pursue arguments in defense of slavery in the Old Testament?

Unfortunately, they continue to do so. In March of 2023, I participated in a panel discussion on the Deep Drinks Podcast YouTube channel, where I joined Dr. Jennifer Bird, Dr. Kipp Davis, Dr. Matthew Monger, and Dr. Dan McClellan. Each scholar specializes in either the New Testament and early Christian literature, the Hebrew Bible, and/or the ancient Near East. The purpose of the panel was simply to provide the audience with the scholarly consensus on the primary issues related to slavery in the Old and New Testaments and to engage with the primary (bad) apologetic arguments that continue to be propagated (primarily) online. Much to my surprise (and to everyone else on the panel), several Christian apologists continued to push back on many of the basic points that we were making – points that are not debated among subject matter experts. In short, much to my chagrin, the debate over Did the Old Testament Endorse Slavery? remains active.

My goal for the second edition – which is extensively revised and updated – is to provide an even more thorough resource for anyone wishing to wade into the slavery debate. We toyed with the idea of making this a second volume rather than a second edition. However, we ultimately determined that it would be more affordable for someone looking to learn about this topic to purchase a slightly more expensive expanded version of the book, rather than paying the cost for two separate volumes. It is our hope that the reader will find within these pages a useful and (close to) all-encompassing resource with which to prepare to discuss the still very contentious topic of slavery in the Old Testament.

Thanks and Acknowledgements

I would like to thank my wife, Megan, for enduring the many hours of required research and writing that went into this publication, along with the innumerable conversations on the not-so-joyful subject of slavery. She is also singularly responsible for the editing and publication of the book, and her patience with me in matters of formatting is also to be praised.

I would also like to thank Skylar Fiction for his enthusiasm in partnering with me in debates and discussions on social media on the topic of slavery in the Old Testament. While it is an interesting and thought-provoking subject, one might argue that it approached repetition ad nauseum, and his willingness to continue discussing the topic positively influenced the formulation of the book as you now have it.

Finally, I would like to thank the supporters and fans of our YouTube channel, Digital Hammurabi. The unwavering stream of positive reinforcement has made this process far more enjoyable.

Thanks and Acknowledgements for the Second Edition

So many people have been involved in both the preparation and the composition of this second edition. Since the release of Did the Old Testament Endorse Slavery? (First Edition), several close friends have repeatedly endorsed and promoted the book. Many from the online community include Austin (Oz) from The Atheist Network Group, Just Jeff, Derek Lambert (MythVision Podcast), Jay Pacic, Jefferson Spatchcock, David McDonald (Deep Drinks Podcast), and Cosmic Skeptic. The book would not have the reach that it does without the efforts of our supporters. Thanks also to Diedre R. for volunteering her time and expertise; this book would have a great many more errors were it not for her assistance!

I would also like to thank the many people who have willingly engaged with me on social media, even when the topic seemed to be overplayed. Unfortunately, given the potential for such severe consequences if apologetics are allowed to justify any form of slavery, discussion of the topic remains necessary, although at times exhausting. I would like to thank Skylar Fiction, Matt Dillahunty, Dr. Kipp Davis, and John Gleason for teaming with me in debates on Old Testament and biblical slavery, however uncomfortable these debates may have been.

Finally, I would like to thank my brilliant, supportive, and insightful wife, Megan Lewis, for all that she did to make this second edition possible. Her strict attention to detail and ability to develop my writing has made this edition as readable and useful as you now see it. However, as always, any errors that remain are my own.

Abbreviations

1 Kgs. ​ ​1 Kings

1 Ki. ​ ​1 Kings

1 Sam. ​1 Samuel

2 Chr. ​ ​2 Chronicles

2 Kgs. ​ ​2 Kings

acc. ​ ​accusative

ANE ​ ​Ancient Near East

aor. ​ ​aorist

APM ​ ​Allard Pierson Museum

ASOR ​ ​American Society of Overseas Research

BCE/B.C.E. ​Before Common Era

Bd. ​ ​Band (volume)

BM ​ ​British Museum

ca. ​ ​circa, approximately

CAD ​ ​Chicago Assyrian Dictionary

CE ​ ​Common Era

CH ​ ​Codex Hammurabi

CT ​Cuneiform Texts from Babylonian Tablets in the British Museum

Dar ​ ​Darius

dat. ​ ​dative

Deut. ​ ​Deuteronomy

Dt. ​ ​Deuteronomy

e.g. ​ ​for example

EA ​ ​The Tell El-Amarna Tablets

Eccls. ​ ​Ecclesiastes

Ed. ​ ​Editor

Eds. ​ ​Editors

Eph. ​ ​Ephesians

ETCSL ​Electronic Text Corpus of Sumerian

​ ​Literature

Ex. ​ ​Exodus

Exod. ​ ​Exodus

Ezek. ​ ​Ezekiel

f. ​ ​following page

ff. ​ ​following pages

fn. ​ ​footnote

Gal. ​ ​Galatians

Gen. ​ ​Genesis

HL ​ ​Hittite Laws

HS ​ ​Hilprecht Sammlung

i.e. ​ ​that is

ICK ​ ​Inscriptions cunéiformes du Kultépé

Isa. ​ ​Isaiah

ITT ​ ​Inventaire des tablettes de Tello

JEN ​ ​Joint Expedition with the Iraq Museum at

​ ​Nuzi

Jer. ​ ​Jeremiah

JPS ​ ​Jewish Publication Society

JSOT ​ ​Journal for the Study of the Old Testament

kt ​ ​Kültepe Texts

L ​Tablet found in Archaeological Museum in Istanbul

LE ​ ​Laws of Eshnunna

Lev. ​ ​Leviticus

LH ​ ​Laws of Hammurabi

LL ​ ​Laws of Lipit-Ishtar

LNB ​ ​Neo-Babylonian Laws

LU ​ ​Laws of Ur-Namma

MAL ​ ​Middle Assyrian Laws

MAPD ​Middle Assyrian Palace Decrees

MBQ-T ​Tall Munbaqa (Ekalte) Tablets

mid. ​ ​middle

mng. ​ ​meaning

MS ​ ​Marten Schøyen Collection

N-T ​ ​Tablets from Nippur

n.F. ​ ​Neue Folge

Nbk ​ ​Nebuchadnezzar

Nbn ​ ​Nabonidus

Neh. ​ ​Nehemiah

NG ​ ​Die neusumerischen Gerichtsurkunden

NT ​ ​New Testament

Num. ​ ​Numbers

OT ​ ​Old Testament

P. ​ ​Page

Paed. ​ ​Paedagogus

pers. ​ ​person

PN ​ ​Personal Name

Pp. ​ ​Page

RIME ​ ​Royal Inscriptions of Mesopotamia

RINAP ​Royal Inscriptions of the Neo-Assyrian

​

Period

s ​ ​subject

s.v. ​ ​sub verbo (under the word)

Sec. ​ ​Section

SLEx ​ ​Sumerian Laws Exercise Tablet

SLHF ​ ​Sumerian Laws Handbook of Forms

SRU ​Sumerische Rechtsurkunden des III. Jahrtausends

UM ​ ​University Museum, Philadelphia

v. (1) ​ ​verse

v. (2) ​ ​versus

vs. ​ ​verse

vv. ​ ​verses

YOS ​ ​Yale Oriental Series

INTRODUCTION

Why This Book?

Abraham Lincoln once wrote, If slavery is not wrong, nothing is wrong.[1] In light of recent history here in the United States, it should be clear that owning another human being as property is immoral by our modern standards. To the surprise of many, however, the abhorrent practice of slavery appears prominently in the laws of the Old Testament (also known as the Hebrew Bible). Because these laws about slavery appear as commands from Yahweh, they create an issue for Christian apologists and their views on the Bible’s morality. A great deal hinges upon slavery’s inclusion in the laws of the Old Testament: how could a loving God have endorsed slavery, and what does this say about his character? Unfortunately (as my grandfather often says), it is a topic that usually generates more heat than light.

There is little doubt that the laws of the Old Testament identified and discussed the proper practice of slavery. The debate today often focuses on whether or not the Old Testament laws condoned or even endorsed the social institution. If slavery was endorsed, which type of slavery was being described? Was it a form of indentured servitude or debt slavery (which some apologists compare to voluntary employment or general debt repayment – akin to working at McDonalds or owning a credit card)? Or does the law describe actual chattel slaves who were owned and passed down to the children of their masters as inheritance? The answers to these (and other slavery-related) questions are not only important for understanding the ancient Near Eastern context of Iron Age Israelite culture, but also for informing and shaping interpretations of the Old Testament and Christian theology.

What is Slavery?

In most of my engagements on social media concerning slavery in the Old Testament, I have found that people tend to automatically compare the slavery described in the laws of the Old Testament to the institution as it appeared before the Civil War. This comparison draws attention to the horrors of antebellum slavery (as it was practiced) and sets the standard for the rest of the discussion. If slavery simply refers to the atrocities that were inflicted upon People of Color in the colonial, post-revolutionary, and antebellum South, then we are setting up a comparison between the laws in the Bible and the (often illegal) practices in the South. Because this is an inappropriate way to compare these two periods of history (as we will discuss in Chapter Six), one of the most important first steps that we can take in setting up a valid comparison is to define our terms. What do we mean when we talk about slavery?

Defining slavery in the ancient Near East (which includes the Old Testament) is not a straightforward or simple task. The words in these ancient languages that we translate slave can have nuanced meanings depending on the context in which the terms are used. However, when we narrow our scope, we discover that there are essential characteristics of slavery that can be identified in the various contexts.[2] Within the context of slavery in the legal passages, Dandamayev defines it in this way: Slavery is the institution whereby one person can hold ownership rights over another.[3] Perhaps a good working definition for our purposes might be:

A condition in which an individual – or rights to their labor – is owned by another, either temporarily or permanently. The owner controls and is legally allowed to derive benefit from the actions and activities of the owned individual.

We will see that there were different types of slavery described in the Hebrew Bible, and we will attempt to further specify this more general definition when discussing these types.

We should also discuss what we mean by endorse. Often in these debates and discussions, the focus is on whether the Old Testament condones slavery. The word condone has a wide range of meanings as well. If we are using the term to mean to approve or sanction something, then the word (as we will see) appears to describe well what the Old Testament did with respect to slavery. However, there is another, perhaps more common nuance to condone, which is to accept or allow something to continue that is considered to be immoral. In this sense, we will see that the biblical texts did not condone slavery, as this would imply that the practice was considered to be immoral in the various legal sections of the Hebrew Bible. Instead, the Old Testament endorsed or declared public approval of the social institution of slavery, identifying it as satisfactory and acceptable.

Social Media and the Ivory Tower

There is an apparent disconnect between academics and many online apologists. On the one hand, we can read about what experts in the fields of biblical and ancient Near Eastern studies say about topics like slavery in the laws of the Old Testament. On the other hand, we can see what is actually debated on social media (e.g., YouTube, Twitter, and Facebook). In my experience, much, if not most, of the scholarly research that has been done on this topic does not effectively make its way out of the proverbial ivory tower and into the public arena.

This disconnect between scholarly research and what non-specialists are aware of on social media was the primary motivation for the creation of our YouTube channel, Digital Hammurabi. Having spent years in graduate school – enduring the rigors of our doctoral programs – we were absolutely shocked by the lack of reputable scholarly information that appeared in so many online debates and discussions. In an attempt to bridge the gap between scholars and non-specialists, we try to provide user-friendly, academic resources for normal, everyday people. In this way, those engaging in these discussions can have access to the research that has already been done on so many of these hotly debated issues.

To that end, I hope to accomplish three primary goals with this publication. First and foremost, I want to make available to the reader a useful tool that pulls together the vast amount of scholarly research that has already gone into the topic of slavery. It is generally not my intent to provide new, groundbreaking discoveries or to draw radical conclusions concerning this issue. While there are some novel conclusions in this second edition to the book, my focus is to demonstrate that there is general consensus among scholars when it comes to the nature and reality of many aspects of slavery in the Old Testament. Thus, you will see me reference a myriad of scholars, including both liberal and conservative authors, quoting them frequently in the body of the text.[4]

Second, I want to present the scholarly consensus on the topic in a clear and understandable way. One of the criticisms often leveled against the academic community is that their writing is not relatable to the general public. It can be difficult, of course, for a scholar in the field to engage in detailed and exhaustive research, while simultaneously making that research palatable to non-specialists. It is my hope that this book will act as a link between experts and lay people, taking the detailed and nuanced conclusions of scholars and packaging them in a way that everyone can understand.

My third and final goal will be to provide some practical application for all this information on slavery in the ancient Near East. As I have stated above, Old Testament slavery is constantly debated. Those who believe the Bible to be the inspired Word of God tend to defend the Old Testament, explaining difficult passages in a way that makes the practice of slavery seem less immoral by today’s standards. On the opposite side of the debate, atheists and skeptics will often highlight the most detestable aspects of the practice in order to demonize the god of the Old Testament. However, some of the conclusions drawn by both sides of the debate end up being too extreme. It is my hope that, by clearly articulating what slavery was actually like in the laws of the Old Testament and the ancient Near East, everyone will be armed with reputable data. Perhaps this will move the conversation forward in a more meaningful and productive way.

Scholarly Consensus

I want to take a moment and talk about what I mean by scholarly consensus, particularly as it relates to Old Testament and ancient Near Eastern slavery. When we talk about scholarly consensus, we are generally referring to what mainstream scholars in a specific field agree to be the case concerning a particular topic. There are obviously many issues on which scholars do not completely agree, but these are often in the more specific details of the subject. In this book, we are concerned with things that scholars generally do agree on concerning slavery. How and why do scholars come to general agreement on this issue? Do all the subject matter experts have a big meeting where they take a vote: All in favor of the Hebrew Bible having endorsed slavery raise your hand? No, of course not. Neither is there some grand conspiracy involving liberal scholars, who laugh maniacally as they plot the destruction of organized religion around the world.

The reality is far less flashy. There are certain facts or data points that each scholar or researcher must consider when attempting to make sense of an issue. If you have ever seen a murder mystery, the detective in the story is armed with certain facts or details about the case. Some of these might include the following: 1) a video tape in which the accused is seen holding a revolver in his hand; 2) a test showing that the revolver had been recently fired; 3) a report stating that the murder victim was killed by a bullet from that same revolver. These three data points (the video tape, the recently fired weapon, and the death by the fired bullet) are some of the facts that the detective must use to reconstruct what happened. The more facts that the detective can uncover, the easier it will be to make sense of the data, and the higher the likelihood that they will be able to create a scenario or interpretation of the facts that closely aligns with what actually happened.

The same is true when we study the ancient world. If an archaeologist were to excavate a site, she would likely uncover things like the buildings, vessels, and other remains of the people who lived at that site. From these data points, she can develop an interpretation that best explains the evidence that she has uncovered. However, let’s imagine that she then discovered clay tablets that contained writing. This information would then be added to the growing data set that the archaeologist – and other scholars – would use to paint a picture of life at that site. It might even speak to conditions in the broader geographical region and time period, or even aspects of the ancient world as a whole.

Like the detective and archaeologist, when we consider a topic like slavery in the Hebrew Bible or in the ancient Near East, we must try to identify as much information as possible concerning the topic. What evidence from legal codes do we have? What about actual legal texts, like contracts and court cases? What about stories and other literature or documentation from the period? Do they speak of slavery? If so, what do they say, particularly with respect to the law, or even the nature of the life of a slave? Having gathered the data, we can then attempt to piece it all together, creating an interpretive model that best explains the available evidence or data points that we have accumulated.

Forming an interpretation that best accounts for all the data is absolutely critical. If the detective from our example above were to conclude, I think that the victim died from a stab wound, we would want to know either why the detective had not accounted for the evidence of the gunshot wound, or how he was going to deal with the discrepancy. In other words, he would have to explain why it appears that the victim suffered a gunshot wound but was actually killed by being stabbed. In the same way, if someone concluded that free Israelites were allowed to be kept for life against their will according to the laws of the Hebrew Bible, they would likely not be considering the evidence from passages like Exodus 21 and Deuteronomy 15, which appear to contradict that conclusion. They would have to explain how the data from these passages fit into their interpretive model.

This brings us back to scholarly consensus. Why is it that, on the whole, scholars appear to agree on many aspects of slavery in the Old Testament and the ancient Near East? It is because they are dealing with the same data points. For example, they have all read Exodus 21, Deuteronomy 15, and Leviticus 25. They all know about Nehemiah 5 and Jeremiah 34, and they must all formulate an interpretation that accounts for the data in these passages (as well as many more pieces of evidence). This means that there will be broad agreement on the basic facts of the case.

Where we frequently find disagreement, however, is in the interpretation of certain details about slavery. Who is this particular verse about: a debt slave or a chattel slave? "What does ‘punish’ mean in Exodus 21:20: to kill the master or to punish him as the judges see fit? Does Exodus 21:16 refer to kidnapping anyone, or only Israelite (male) citizens?" As you read this book, you will find that there is general scholarly consensus on many or most aspects of slavery in the Old Testament and the ancient Near East. This is the result of reputable scholars having access to the same data points and attempting to make sense of them within their interpretative models.

Structure of the Book

This book will be structured in the following way. In Chapter One, we look at the so-called law codes that are used in most discussions concerning the law in the ancient Near East. While most people are familiar with the laws in the Pentateuch (and perhaps even those in the famous stele of Hammurabi), there are many other ancient collections of laws that we use as source material. I provide a general overview of each collection, examining both the general structure and content of each. But understanding the structure and content isn’t enough; the function or nature of the law collections is contested in academic circles. Because of this, I take some time to introduce the reader to the various positions that scholars take concerning what these collections of laws are and – perhaps more importantly – why that should matter to you and to the Christian apologist.

In Chapter Two, we will provide an overview of slavery in the ancient Near East. We draw heavily from the law collections that were surveyed in Chapter One to see what we can determine about the nature and practice of slavery. Because we have a great deal of documentation that has survived from the ancient Near East, we will occasionally examine other legal texts in order to glean information useful to the discussion. Of course, it will not be possible to examine all or even most of the available evidence. However, I will attempt to deal with many of the more relevant texts that contribute to the topic of slavery.

In Chapter Three, we will provide a general overview and description of slavery in the Old Testament. What types of slavery existed? How did one become a slave? Did slaves have any rights? Were they considered property? The goal of this chapter will not necessarily be to provide detailed evidence or support for the summary information that is presented in the chapter; that supporting evidence will come later in the book. The goal in Chapter Three will simply be to provide a clear summary of what slavery in the Hebrew Bible looked like.

In Chapter Four, we will support many of the observations from Chapter Three by providing a more detailed analysis of many of the legal passages in the Old Testament that deal with slavery: Exodus 21, Deuteronomy 15, 20, 21, and Leviticus 25. As there was development between the earlier book of Exodus and the later books of Deuteronomy and Leviticus, we will examine how the laws concerning slavery may have changed and who benefited from these developments. We will also examine in greater detail issues like slaves as war plunder, marrying a captive woman, rules for the release of slaves, the meaning of property, etc.

In Chapter Five, we perform comparative analysis between the ancient Near Eastern law collections and what we find in the laws of the Old Testament. Although there is not complete overlap between the topics covered in both groups, there is a significant amount of correspondence between the legal situations that are dealt with and how they are treated. By laying out the various laws on things like slave sale, debt service, the treatment of slaves, kidnapping, rape, and runaway slaves, we will see how these groups share commonalities, and note where they diverge from one another.

Chapter Six will deal with the aftermath of slavery in the Old Testament as we have described it. First, we will address slavery in the New Testament and the early church, with a particular focus on a common apologetic argument. It is often said that, while the Old Testament did indeed endorse slavery, God was simply working with sinful people, meeting them where they were, and slowly working to abolish the practice of slavery by the time we reach the New Testament. Is this, in fact, what we see? Did the early church understand the New Testament to abolish the social institution of slavery? We will then turn our attention to slavery in the antebellum South. As we often hear, apologists will draw attention to the horrors of slavery as it was practiced in the American South but fail to discuss the laws that were in place during these periods. Was it legal to simply abuse or kill your slave? Could you do whatever you wanted with your slave? Was it perfectly legal to kidnap free people and reduce them to slavery? We will examine the laws in the antebellum South to see what they required and how judges and legislators struggled to maintain both slave and master rights, to a horrible and atrocious end.

Finally, in Chapter Seven, we will discuss some of the more common objections that come up when discussing the issues surrounding slavery in the ancient world that were not covered leading up to Chapter Seven. Does ‘forever’ in Leviticus 25:44-46 actually mean ‘for all time?’ "Doesn’t Deuteronomy 23:15-16 demonstrate that slaves can run away if they so choose, and the Israelites are commanded not to return them? Doesn’t this do away with the idea of slavery? Leviticus 19 tells Israel to love foreigners. You can’t have slavery and have a command to love foreigners. These things are mutually exclusive". I will seek to answer these (and several other) questions and objections, hopefully providing clarity and solutions that are reasonable and supported by the data.

In this revised and expanded second edition, we have added two rather substantial appendices that cover the laws concerning slavery and battery. Appendix A contains all the laws from the various collections of the ancient Near East and the Old Testament that deal with slavery. I have also included texts from other genres to augment and elucidate the material, including contracts, court cases, and even excerpts from literary texts. These are categorized topically, with each entry providing an English translation of the law or document, along with limited commentary on the text. Within each category, the laws are arranged chronologically. It is my hope that this will be an invaluable resource for anyone attempting to do further comparative analysis between the laws in the ancient Near East and those in the Hebrew Bible.

The concept of an eye for an eye tends to come up in discussions about slavery, given its appearance in Exodus 21. Because of its popularity, in Appendix B, I have extracted and arranged all the laws found in the various collections concerning the offense of battery. The appendix is organized in two ways; first, I group the battery laws according to their individual law collections (Laws of Ur-Namma, Laws of Lipit-Ishtar, Laws of Eshnunna, etc.), looking at which types of battery are considered the most severe, based on their respective punishments. In the second half of the appendix, I group the battery laws together based on the injured party involved and the part of the body that was damaged. Both groupings provide for comparative analysis from different perspectives.

A Note about Making Comparisons

Before we dive into the material, I would like to point out a common error that apologists make when comparing ancient Near Eastern laws to those in the Old Testament. When these types of comparisons are made – to show how the Old Testament is morally superior to the other cultures of the time – apologists often assume (perhaps unconsciously) that the entire corpus of legal texts outside the Bible represents one big collection. How do they do that? You will hear an apologist say something like:

"The Old Testament really elevates the rights of X group of people. If you look at the Laws of Hammurabi, you will see that X is the case. When you compare that to the laws in the Old Testament, you can see how much better the Bible is".

However, they will then say, "And if you look at the Middle Assyrian Laws, they treat Y group so poorly. But in the Old Testament, you see…" Although subtle, by picking and choosing different laws from different law collections to compare them to the Old Testament, they often mask the places in the Bible that are comparatively worse than the other law collections, from our modern point of view.

For example, it is often brought up that the Laws of Hammurabi distinguish between different classes of people: the free man, the commoner, and the slave. This type of multi-level division is not in place in the Old Testament laws.[5] Thus, one might argue that the Laws of Hammurabi (and by extension the ancient Near Eastern laws in general) are morally inferior to the laws of the Old Testament. The apologist might then attempt to compare the law of release for a debt slave in the Hebrew Bible to the ancient Near Eastern collections. They could point to the Laws of Ur-Namma, noting that no comparable law of release (found in Exodus 21:2-6 and Deuteronomy 15:12-18) appears in Ur-Namma’s collection. Thus, they could argue, the Old Testament laws are again morally superior, as they require a debt slave to be released after six years of service.

The problem, however, is picking and choosing the particular law collection with which to make comparisons. A more appropriate comparison would be to stay (if possible) within the Laws of Hammurabi since this was the collection with which the first comparison was made. Had they stayed in the Laws of Hammurabi, they would have found that LH 117 also requires a debt slave to be released. However, in contrast to the six years found in the Old Testament, LH 117 considers the loan to be repaid after only three years of service (more on this below). The point is, we need to be careful when making comparisons between the various law collections. We will reach skewed and inaccurate results if we either 1) consider all the ancient Near Eastern law collections to make up a monolithic group, or 2) pick and choose different laws from different law collections that meet our comparative needs.

My Hope for the Reader

As we begin our journey through this book, it is my sincere hope that, in the end, the reader will be armed with a great deal of reputable, scholarly information concerning slavery as a social institution in the Old Testament. I believe that this can be reasonably accomplished if we seek to properly understand the various data points, not only from the Hebrew Bible, but also from the wider ancient Near East. I will consider this book to have been a success if the reader is able to answer such questions as:

What was Old Testament slavery like?

What were the different forms of slavery?

Was slavery in the Hebrew Bible essentially different from slavery elsewhere in the ancient Near East?

Was slavery condemned, condoned, or endorsed in the laws of the Old Testament?

Would the slavery found in the Old Testament be considered moral today?

If the reader can confidently address these questions by the close of this book, I believe they will be able to speak with greater precision on this issue. Obtaining such precision will hopefully move the conversation forward, whether on social media, with friends and colleagues, or perhaps even with members of one’s own family. Those that engage in this discussion should aspire to understand slavery in its ancient context in order to better orient themselves to the social institution. This will ultimately lead to less confusion about the laws and practice of slavery, a greater appreciation for their effects upon Christian theology, and a respect for the potential for slavery to rear its ugly head again if it continues to be defended in its ancient form.

CHAPTER ONE:

Law Collections – What Were They and Why Does it Matter?

Introduction

When I was in the Air Force, for several years I worked the night shift on the flightline as an aircraft radio and radar mechanic. When things were slow around 2:30 AM, we used to sit on benches in the back of our maintenance