Maybe this will help, Oldtimer. I have also found that much can be gained in our puny little minds by digging into the events, meanings of words, cultures, etc., from that time period.
More from the teacher:
Exodus Chapter 21
(20) If a man shall strike his slave or his maidservant with the rod and he shall die under his hand, he shall surely be avenged. (21) But if he will survive for a day or two, he shall not be avenged, for he is his property.
"his"
This law (Exodus 21:20-21) applies only when a man hits HIS OWN slave. If a man hits somebody else's slave, then he may be liable for the death penalty EVEN IF the slave lives more than 24 hours afterwards.
Why? Because ownership (or lack of ownership) goes to intent.
First, only the owner has the legal right to discipline his own slave. However, if a man strikes somebody else's slave, then he is not acting to discipline the slave. His intention is apparently to harm the slave.
Second, as mentioned before, a slave is a valuable investment. The owner has to pay the purchase price, of course. But his expense doesn't end there. The owner is legally responsible for all expenses related to the slave's physical health and well being, including all medical costs. Plus, if the slave becomes injured, then he can't work and the owner has to absorb the lost productivity on top of his other losses. Therefore, there's a strong assumption that the owner behaves with an intention to protect his valuable investment. This assumption of benign intention is missing when ownership doesn't exist.
Exodus Chapter 21
(20) If a man shall strike his slave or his maidservant with the rod and he shall die under his hand, he shall surely be avenged. (21) But if he will survive for a day or two, he shall not be avenged, for he is his property.
As mentioned before, "the rod" is specifically designed for disciplining slaves, meaning that it doesn't harm the slave when used properly. However, if the owner uses a potentially lethal instrument (such as a rock) instead of the rod, then he would still be liable for the death penalty regardless of how long the slave lives after the assault.
"Indeed, Rambam rules that if the master struck his slave with a rock or
some other potentially lethal weapon - one that is not normally used for
chastisement - he would be liable to the death penalty even if the slave
lingered on for a year before he died of the blow, because such an assault
goes beyond any reasonable means of imposing discipline."
~ The Stone Edition Chumash
For part 6, I'd like to share this passage written by Rambam (Rabbi Moshe ben Maimon) in his Mishneh Torah. This book is universally recognized by Jews to be an authoritative codification of the Torah commandments. This is what the Torah commands of all Jews. Clearly, not every Jew lives up to the obligations, values, and ideals taught by the Torah - but that doesn't diminish the Torah. The flaw is in human beings, not in the Torah.
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"It is permissible to have a Canaanite slave perform excruciating labor.
Although this is the law, the attribute of piety and the way of wisdom is for a
person to be merciful and to pursue justice, not to make his slaves carry a
heavy yoke, nor cause them distress. He should allow them to partake of all
the food and drink [he serves]. [This was the practice of] the Sages of the
first generations [who] would give [their] slaves from every dish of which they
themselves would partake. And they would provide food for their animals
and slaves before [partaking of] their own meals. And so, it is written
[Psalms 123:2]: 'As the eyes of slaves to their master's hand, and like the eyes
of a maid-servant to her mistress's hand, [so are our eyes to God].'
"Similarly, we should not embarrass a slave by our deeds or with words, for
the Torah prescribed that they perform service, not that they be humiliated.
Nor should one shout or vent anger upon them extensively. Instead, one
should speak to them gently, and listen to their claims. This is explicitly
stated with regard to the positive paths of Job for which he was praised
[Job 31:13, 15]: 'Have I ever shunned justice for my slave and maid-servant
when they quarreled with me.... Did not He who made me in the belly make
him? Was it not the One who prepared us in the womb?'
"Cruelty and arrogance are found only among idol-worshipping gentiles. By
contrast, the descendants of Abraham our patriarch, i.e., the Jews whom the
Holy One, blessed be He, granted the goodness of the Torah and commanded
[to observe] righteous statutes and judgments, are merciful to all.
"And similarly, with regard to the attributes of the Holy One, blessed be He,
which He commanded us to emulate, it is written [Psalms 145:9]: 'His mercies
are upon all of His works.' And whoever shows mercy to others will have
mercy shown to him, as [imlied by Deuteronomy 13:18]: 'He will show you
mercy, and be merciful upon you and multiply you.'"
~ Mishneh Torah, Hilchot Avadim 9:8.
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