Selling One’s Daughter Into Slavery

The Aish Rabbi Replies

You are right that that section of the Torah is surprising, but it is much less so when we study it carefully. Before I discuss the law in detail, several introductory points are in line. The Torah very strongly frowns on selling one’s daughter into slavery. In the eyes of the Sages, the sole justification for doing so is poverty. If a man is so indigent that he literally cannot feed his family, he is permitted to sell his minor daughter to another man, who then becomes obligated in her support. (Further, as the Torah outlines and as we’ll discuss below, the buyer is expected to afterwards take her as his wife – so she’ll eventually be provided for in a more lasting and dignified manner.) Maimonides (Hil’ Avadim 4:2), based on Talmud Kiddushin 20a, writes that a man should sell all his possessions, including the clothes off his back, to avoid having to sell his daughter. Furthermore, if after selling his daughter he comes upon more money, he is immediately obligated to redeem her from bondage – and the courts force him to do so if he is unwilling (Kiddushin 18a). Thus, clearly, selling one’s daughter into slavery is viewed as an absolute last resort – where the father’s poverty has become so dire as to leave him with literally no alternative. Nevertheless, since poverty does and always has existed, the Torah does permit carrying out such a sale when the circumstances truly require it.

In terms of the details of the sale, the laws are not as severe as might first appear. First of all, a girl is not sold into absolute bondage. The buyer does not own her in body as a true slave. She is more the equivalent of a domestic servant – who works for her master while being paid in food, clothing and shelter. She can only be sold when she is considered a minor in Jewish law – i.e., under the age of twelve (Bat Mitzvah) and before she has developed signs of maturity. As soon as she does reach this stage, she immediately goes free. She also goes free after a maximum of six years of bondage or when the Jubilee year arrives, whichever comes first – as does a male Jewish slave (Mishna Kiddushin 1:2). And as above, as soon as her father acquires the money to buy her back he must do so.

Also as noted above, one of the main purposes of the sale is brokering a marriage arrangement for the girl. If the buyer is willing (and the girl too acquiesces – Kiddushin 19a), he or his son may take her as a wife. The owner makes a declaration to this effect and the money of the original sale retroactively becomes the betrothal (kiddushin) money (which is given to the father rather than the girl for an underage girl). (Note that the master’s declaration is only the equivalent of a betrothal (Kiddushin 18b). A full wedding ceremony must then follow to complete the marriage.)

The Torah continues that after marrying her, the buyer becomes obligated to care for her as a full-fledged wife – providing her with food and clothing, and fulfilling his conjugal duties (v. 10). R’ Yitzchak Berkovits, Rosh Yeshiva of Aish HaTorah, observes that this is the sole place where the Torah enumerates the husband’s basic obligations to a wife. No doubt the Torah chose this section because a man might view such a marriage – with a child-maid-turned-wife – as not as serious a relationship. His new wife is hardly his equal and does not deserve the same treatment as a true Jewish wife. The Torah therefore warns that her humble origins aside, she has now become a cherished marriage partner, and she must be treated every bit as well as the most illustrious woman in Israel.