In the context of ancient Israelite society, the regulation of the divorce of servants is addressed within the broader framework of laws concerning servitude and marriage. These laws are primarily found in the Pentateuch, particularly in the books of Exodus and Deuteronomy, which provide guidance on the treatment of servants and the dissolution of marital relationships involving them.

Biblical Context and Legal Framework

The Mosaic Law provided specific instructions regarding the treatment of Hebrew servants, including provisions for their release and the conditions under which they could be married or divorced. These laws reflect the social and economic realities of the time, where servitude was a common practice, often resulting from debt or poverty.

In Exodus 21:2-11, the law outlines the conditions under which a Hebrew servant could be released after six years of service. If a male servant was given a wife by his master and she bore him children, the wife and children would remain the master's property upon the servant's release unless the servant chose to remain with his family permanently. This passage implicitly addresses the dissolution of the marital relationship between the servant and his wife, as the servant's release would effectively separate him from his family unless he opted to stay.

Exodus 21:7-11 provides further regulations concerning female servants, particularly those who were sold by their fathers. If a master was displeased with a female servant he had taken as a wife, he was not permitted to sell her to foreigners but was required to allow her redemption. If the master arranged for her to marry his son, she was to be treated as a daughter. If the master took another wife, he was obligated to provide the first wife with food, clothing, and marital rights. Failure to do so would grant her the right to leave without payment.

Deuteronomic Law

Deuteronomy 15:12-18 reiterates the release of Hebrew servants after six years of service, emphasizing the humane treatment and provision for them upon their release. While this passage does not explicitly address divorce, it underscores the importance of fair treatment and the protection of servants' rights, which would extend to marital relationships.

Theological and Ethical Considerations

The regulation of the divorce of servants within the Mosaic Law reflects a concern for justice and the protection of vulnerable individuals in society. The laws aimed to balance the rights of masters with the dignity and welfare of servants, ensuring that even those in servitude were treated with respect and fairness.

From a theological perspective, these regulations highlight the value placed on covenant relationships and the ethical treatment of all individuals, regardless of their social status. The laws served as a reminder of the Israelites' own experience of liberation from slavery in Egypt, calling them to act justly and compassionately towards those in servitude.

Conclusion

The regulation of the divorce of servants in the Mosaic Law provides insight into the social and legal structures of ancient Israel. These laws reflect a commitment to justice and the protection of the vulnerable, emphasizing the importance of ethical treatment within the context of servitude and marriage.Exodus 21:7,11
And if a man sell his daughter to be a maidservant, she shall not go out as the menservants do.
Torrey's Topical Textbook

The Sermon on the Mount.
... amount given or loaned is to be regulated accordingly. ... dispensation, which, like
the privilege of divorce at will ... in the Scripture were their servants"the men ...
/.../mcgarvey/the four-fold gospel/xlii the sermon on the 4.htm

The Five Books Against Marcion
... the Fall of Man It Has Regulated the Divine ... Christ in Glory Two Such Eminent Servants
of the ... Chapter XXXIV.--Moses, Allowing Divorce, and Christ Prohibiting It ...
//christianbookshelf.org/tertullian/the five books against marcion/

Of the True Church. Duty of Cultivating Unity with Her, as the ...
... of Christ and of the faithful servants of God. ... the just punishment of this impious
divorce, but become ... And, indeed, when churches are well regulated, they will ...
/.../calvin/the institutes of the christian religion/chapter 1 of the true.htm

Chaldaean Civilization
... the contract, the religious ceremonies"Divorce: the rights ... The female servants, as
well as the male ... into the central depots and regulated their redistribution ...
/.../chapter iiichaldaean civilization.htm

Treatise on the Priesthood. Book iii.
... and the Master confirms the sentence of his servants. ... the life of the priest is well
regulated in every ... sufficient to receive a certificate of divorce and so ...
/.../chrysostom/on the priesthood/treatise on the priesthood book 3.htm

The First Epistle of St. Peter
... not contemplate the possibility of Christian servants converting their ... Martyr) was
obliged eventually to divorce her pagan ... be and ought to be regulated for the ...
/.../moffat/the general epistles james peter and judas/the first epistle of st.htm

Period I: the Imperial State Church of the Undivided Empire, or ...
... to their duties with the reverence due the sanctity of the law and to ... of the second
rank whom thou thyself shalt choose, together with three servants, who may ...
/.../ayer/a source book for ancient church history/period i the imperial state.htm

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