Deuteronomy 23:15-16—Does the Mosaic Law Forbid the Return of All Runaway Slaves?

“You shall not give up to his master a slave who has escaped from his master to you. 16 He shall dwell with you, in your midst, in the place that he shall choose within one of your towns, wherever it suits him. You shall not wrong him. - Deuteronomy 23:15-16

Three Views

1. This law applies to foreign servants/slaves who have fled to Israel 
2. This law applies to perpetual servants/slaves within Israel 
3. This law applies to all servants/slaves who have escaped from their masters

Pros and Cons 

Pros for [1]: This law applies to foreign servants/slaves who have fled to Israel

a - Some think verse 16 (shall dwell with you, in your midst) indicates that a foreign servants/slaves who has come to Israel is in view (Cragie, New International Commentary on the Old Testament)

b - ANE treaties exist which speak of repatriating slaves; in not permitting this Israel’s law would be distinctive (Merrill, New American Commentary, 312; Block NIV Application Commentary, 544).

c - The previous context dealt with “the topic of military campaigns” and “the plight of foreign servants/slaves may have arisen in the light of this context more than at any other period” (Woods, Tyndale Old Testament Commentary, 245).

d - This is how the ancient Jewish writers understood it (Gill, An Exposition of the Old Testament, 100)

Cons for [1]

a -  Israelite-born escaped servants/slaves would have also needed a guarantee of a place to live. Given his socially weak condition, the protections of this law make good sense for Israelite-born slaves as well.

b - Block cites not only treaties that deal with this issue but also laws; this law could deal with both situations (Block NIV Application Commentary, 543-44). This point therefore actually supports view 3.

c - The contextual connection is not clear. These verses could just as likely be connected with what follows.

d - The testimony of ancient Jewish writers gives weight to position 1, but is not decisive.

Pros for  [2] This law applies to perpetual slaves within Israel (foreigners servants/slaves within Israel and Israelites who had agreed to permanent servitude) (The IVP Bible Background Commentary)

a. Debt slaves served for a term of six years (and presumably did not, therefore, have a reason to run away) (The IVP Bible Background Commentary)

Cons for  [2] 

a. There is no exclusion in the text of debt slaves, 

b, Six years with a cruel and wicked master would have been a long time.

Pros for [3]. This law applies to all servants/slaves who have escaped from their masters (Wright, 
New International Biblical Commentary).

a. The text itself does not limit the law to foreign servants/slaves 

b. The option to choose any place in Israel does not necessitate that a foreign servants/slaves is in view. Rather, a benefit is being extended “on behalf of the poor and the weak” Deuteronomy 15:7-8  This law would put pressure on the system of servanthood/slavery in Israel to be of such a nature that it would be beneficial to the servants/slaves. Though it could be abused, it would place strong pressure on Israelite society for justice in this area.

c. The existence of this law would testify that slavery/servanthood in Israel was to be of such a nature that no servant/slave would want to run away and (as other passages indicate) that some would desire to remain in that condition. This does not prove that Israelite slaves are in view, but it testifies to the likelihood of this possibility.

The decisive factor in favor of position 3 is that the law itself does not specify that it is limited to foreign servants/slaves.