39. And if thy brother. He now proceeds further, i e. , that one who has bought his brother should treat him with humanity, and not otherwise than a hired servant. We have seen, indeed, just above, that the labor of a slave is estimated at twice as much, because the humanity of his master will never go so far as to indulge or spare his slave as if he were a hireling. It is not, therefore, without reason that God puts a restraint upon that rule, which experience shows to have been often tyrannical. Still He prescribes no more than heathen philosophers did, (150) viz., that masters should treat their slaves like hired servants. And this principle of justice ought to prevail towards all without exception; but since it was difficult to prescribe the same rule respecting strangers as respecting their brethren, a special law is enacted, that at least they should observe moderation towards their brethren, with whom they had a common inheritance and condition. First:. therefore, it is provided as to Hebrew slaves that they should not be treated harshly and contemptuously like captives ( mancipia;) and then that their slavery should come to an end in the year of jubilee. But here the question arises, since their liberty was before accorded to them in the, seventh year, why it is now postponed to the fiftieth? Some get over the difficulty by supposing that (151) if the jubilee occurred during the six years, they must then be set free, although they had not completed the whole term; but this is too forced a conjecture. The view that most approves itself to me is, that the word יבל, yobel, is extended to mean every seventh year, or, at any rate, that moderation towards those slaves is specially prescribed who were most exposed to violence and other injurious treatment. For they would not have dared to oppress at pleasure their slaves, who were soon afterwards to be free; but those who, by having their ears bored, had subjected themselves to the longer period of slavery, would have been more outrageously harassed, unless God had interposed. And this opinion I freely adopt, that although their slavery lasted to the jubilee, yet flint their masters were to treat them with moderation and humanity. This too is confirmed by what immediately follows, where it is enjoined that the children should be set free with their fathers, which did not take place in the seventh year.
(150) Seneca de Benef. 3:22. “Servus (ut placet Chrysippo) perpetuus mercenarius est.” See also Sen. Epp. 6:47, in which the following beautiful sentiment occurs: “Haec tamen mei praecepti summa est, Sic cum inferiore vivas, quemadmodum tecum superiorem velis vivere.”
(151) So the Hebrew doctors, and Ainsworth, Caietan, and Willet. Michaelis supposes that servants were regularly restored to freedom after six years’ service, (not on the Sabbatical year, but on the seventh from the sale;) but supposing them bought less than six years before the jubilee, they received their freedom on that year. Laws of Moses, vol. 2 p. 176. — Brightwell.