Natural hierarchy and natural equality in Maimonides: an analysis of ‘Laws Concerning Slaves’, 9: 8

• In Event: Hierarchies and the Rhetoric of Esotericism

Abstract

Maimonides’ universe is hierarchical, a product of the process of emanation. God’s justice entails, however, that within any single natural species there should be essential equality (Guide of the Perplexed iii. 12). Maimonides saw the Torah as reproducing the laws of nature in governing human individuals and society. As argued in my Reading Maimonides’ Mishneh Torah (Oxford, 2015), this is embodied in the Mishneh torah through a structure that reflects the hierarchical structure of the Aristotelian/Neoplatonic cosmos, implying a hierarchy of commandments. Through this hierarchy, Maimonides creates a scale of values within the Torah.
In the final halakhah of the Book of Acquisition, ‘Laws Concerning Slaves’, 9: 8, he applies this scale of values to give priority to halakhic provisions that accord with the principle of the equality of the human species over one that that violates it. The halakhah begins by stating that, unlike a Jewish slave, a non-Jewish slave may be worked “with rigor”. Maimonides then deploys the full force of his rhetoric to make clear that taking advantage of this rule is unacceptable. But on what grounds does he in effect negate what is after all a property right, and how does he justify the adoption of an egalitarian stance rather than following the implication of the halakhah itself that the Torah advocates discrimination against non-Jews?
Academic and rabbinic commentators are unanimous that the principle at work here is lifnim mishurat hadin. If so, what is at stake is only a voluntary waiver of rights over an inferior. This paper will argue that in fact Maimonides sees a conflict within the Torah. He pits the obligation to be merciful against the right to behave harshly, and upholds the principle of equality in deciding that mercy must prevail.

Author

• David Gillis