If a man sell his daughter to be a maid-servant. Among ancient nations the father' s rights over his children were generally regarded as including the right to sell them for slaves. In civilised nations the right was seldom exercised; but what restrained men was rather a sentiment of pride than any doubt of such sales being proper.
Many barbarous nations, like the Thracians (Herod. 5.6), made a regular practice of selling their daughters. Even at Athens there was a time when sales of children had been common (Plut. Vit. Solon. § 13).
Existing custom, it is clear, sanctioned such sales among the Hebrews, and what the law now did was to step in and mitigate the evil consequences. (Compare the comment on Exodus 21:2.) These were greatest in the case of females.
Usually they were bought to be made the concubines, or secondary wives of their masters. If this intention were carried out, then they were to be entitled to their status and maintenance as wives during their lifetime, even though their husband took another (legitimate) wife (Exodus 21:10).
If the retention was not carried out, either the man was to marry her to one of his sons (Exodus 21:9), or he was to sell his rights over her altogether with his obligations to another Hebrew; or he was to send her back at once intact to her father' s house, without making any claim on him to refund the purchase-money.
These provisos may not have furnished a remedy against all the wrongs of a weak, and, no doubt, an oppressed class; but they were important mitigations of the existing usages, and protected the slave-concubine to a considerable extent.