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From: Russell Hendel <rhendel@mcs.drexel.edu>
Date: Tue, 10 Aug 1999 01:20:02 -0400 (EDT)
Subject: Slaves CAN own;They can't be beaten; They do have rights

Some recent postings suggest that slaves can't own and can be beaten
as much as a master wants. Richard Walpole countersuggests that slaves
have a POW status. Actually I argue that their status is like that of
children (You can hit children for discipline, but
the children have rights, can sue in courts and can own things).

Let me briefly cite sources:
* A canaanite slave can own things without giving them to his master!!!
(See Rambam Gifts 3,12:13)

* The prohibition against destroying or causing unnecessary pain is
universal and applies to Jews, Non-jews, adults, children and even animals.
Indeed, it is prohibited to torture an animal (which is your property;
how could a slave be inferior to an animal??!?)
(However different prohibitions apply to different groups--also Slaves
do not receive the damage monies for damage to them). The Rambam explicitly
limits the owners right to "hit slaves" to such objects as are normally
used for discipline (Murder 2:14)

* The Rambam explicitly states that ALL JEWS (not just the courts) are
OBLIGATED to help Canaanite slaves live. Furthermore the owner only has
permission to tell the slave "Work for me but you earn for your food
separately" when "there is a market for his work". But in a year of famine
the owner has no such permission. The slave may even have the right during
famine years to say "Either feed me or free me" (See Rambam, Slaves 9:7,
See Gitin 12 and see the discussions in the SA and Kesef Mishnah).

There are many more laws. I believe that this answers some of the comments
in recent issues(V29n29-34). "A slave is property--there is nothing else
you can tell me (Akiva Miller)" or "An owner can beat a slave as much as
he wants provided he doesn't kill him. A slave has no recourse (Zvi Weiss)"

In passing, our religion taught the world that man was created in the
image of God. Therefore I don't think that "every question is justified"
simply because of some phrases or statements used in the Talmud. Such
statements have to be taken against the background that slaves are people
with human status.

Russell Hendel;Phd ASA;Moderator Rashi is Simple;http://www.shamash.org/rashi