Avira- When discussing slavery in Behar, The Torah writes that we can’t work our fellow Jew with hard work. Right afterwards, the Torah writes that we can buy a non-Jewish slave and work with them. A case can easily be made from the format of the Pesukim, that the Torah allows acts of servitude in non-Jewish slaves, only so that at least we won’t be doing these things to Jews.
Also, Hashem punished the Egyptians severely for enslaving us, and he heard our cries from our hard labor. The first few generations of Egyptian converts can’t even marry Jews. If laboring a slave with intense labor, is Lichatchilah, then the first few Parshios of Shemos are not understandable.
I tried to make it clear that i don’t think it’s likely that the insituition of owning a slave is “Lo Dibrah Torah”. This can be understood, with Rav Hirsch, Rav Kook, or any of the other ways in which people understand it. I think, however, it’s very likely that certain licenses that a master has to a slave are “Lo Dibrah”. This does not contradict the fact that Tzadikkim had slaves, as they treated them wonderfully, and did not take advantage of some of the licenses a master might have. The Gemara talks about how the Tanaaim would give their good food to their slaves and treat them well. Look at Rav Gamliel and his relationship to his slave Tavi. Eliezer was more of a Ben Bayis to Avraham than a slave. To the extent that if Avraham had died childless then his possessions would have went to Eliezer.
I think it is very likely that the Rambam understands some of the Halachos of slavery this way. This would explain why he considers laboring a slave with hard work to be the way of cruel people, although the Torah itself permits it.
For Hirsch’s perspective, see Rav Hirsche’s commentary to Chumash, Sefer Shemos, Perek 12, Passuk 44.
See also Rabbeinu Avigdor, (i believe on of the Baalei Tosafists) who suggests that it’s Assur to be Rodeh Biferech an Eved Kasher.
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