Although this Law has a tendency to humanity and kindness, it still does not appear to be altogether just. Since many masters oppressed their slaves with tyrannical arrogance, their wickedness rendered it necessary to afford some alleviation to the poor creatures. Thus slaves were permitted to take refuge in temples, and at Rome at the statues of the Caesars, so that if they proved themselves to have been treated with injustice and inhumanity, they might, when their case was proved, be transferred by sale to merciful masters. This, indeed, was endurable, but the refuge which is here granted to slaves defrauds their masters of their just right; since, without their case being heard, they have liberty given them to reside in the land of Canaan; thus, too, the law of nations is violated, since the land is opened to every fugitive. Besides, since runaway slaves are generally wicked and criminal, whatever place may be their asylum, it will be filled with many sources of infection. I know not whether there is sufficient foundation for the opinion of some who think that the slaves were exempted by privilege from their former servitude, [1] in order that they might give themselves up to God's service, and that thus true religion might be propagated. It certainly does not seem consistent that filth and refuse of every sort should be received into the Church, because, in the end, it would have been filled with all kinds of corruptions; and besides, it was by no means decorous that whatever crime had been elsewhere committed should be sheltered under God's name. For, suppose a thief, or an adulterer, or a murderer, should leave his master, and seek for an asylum in the Holy Land, what else would it have been to receive and protect such guests, but to overthrow law and justice, and to set up a state of foul barbarism? I think, therefore, that more is to be understood than the words express, viz., that, if it should be found that the slaves had not fled in consequence of their own evil doings, but on account of the excessive cruelty of their masters, the people should not drive them away, which would have been tantamount to giving them up to butchery. And, in fact, it may be inferred that judicial proceedings were to be instituted, because a choice is given as to the city in which they prefer to dwell. Religion, indeed, stood them in some stead, because those who sought a place and home in the land of Canaan, were obliged to dedicate themselves to God, and to be initiated in His worship; still, God would never have allowed His name to be profaned by the reception of wicked persons without discrimination. Wherefore, as I briefly slated before, God inculcates humanity upon His people, lest, by the extradition of fugitive slaves, they should be necessary to the cruelty of others; because their masters would have been their executioners; and, since lie forbids the people from ill-treating them, He implies, by these words, that He only so far provides for the safety of these wretched beings, as to allow them to defend their innocence in a court of justice; wherefore I have thought fit to place this law amongst the Supplements of the Sixth Commandment.

Footnotes

1 - "The Chaldee addeth, a servant of the peoples, i.e., of the Gentiles, who for the religion of God cometh from his master to the Church of Israel. This servant that fleeth to the land (of Israel) he is a righteous stranger, (that is, a proselyte come unto the faith and covenant of God,) saith Maimony." -- Ainsworth in loco.

The case in question is that of a slave who fled from a pagan master to the holy land. It is of course assumed that the refugee was not flying from justice, but only from the tyranny of his lord.

Thou shalt not deliver - the servant which is escaped - unto thee - That is, a servant who left an idolatrous master that he might join himself to God and to his people. In any other case, it would have been injustice to have harboured the runaway.

Thou shalt not (h) deliver unto his master the servant which is escaped from his master unto thee:
(h) This is meant of the heathen , who fled because of their masters' cruelty, and embrace the true religion.

Thou shall not deliver unto his master the servant which is escaped from his master unto thee. That is, one that has been used ill by a cruel and tyrannical master, and was in danger of his life with him, or of being lamed by him, and therefore obliged to make his escape from him on that account; such an one, when he fell into the hands of an Israelite, was not to be taken and bound, and sent back to his master again, but was to be retained till his master's anger subsided; or however until inquiry could be made into the cause of the difference between him and his master, and matters be made up between them to mutual satisfaction; or if it appeared that the flight of the servant was just, and it was not safe for him to return to his master, then he was to be used as hereafter directed; for it cannot be thought that this law was made to encourage and protect every idle, disobedient, and fugitive servant, which would be very sinful and unjust: the Jewish writers generally understand it of the servants of idolaters fleeing for the sake of religion; Onkelos renders it,"a servant of the people,''of Heathen people; the Targum of Jonathan is,"thou shalt not deliver a stranger (i.e. a proselyte of righteousness, as Maimonides (w) calls this servant) into the hands of those that worship idols, but he shall be delivered by you, that he may be under the shadow of my Shechinah, because that he fled from the worship of his idol.''Jarchi makes mention of another sense; that it may be understood of"a Canaanitish servant of an Israelite that flees (from his master) without the land, where he was not obliged to go with him, and serve him against his will; but I suppose a proselyte is meant;''and much more then will this hold good of an Hebrew servant in such circumstances. Aben Ezra interprets this of a servant not an Israelite, who, in time of war, flees from his master, not an Israelite also, unto the camp of Israel, and that for the glory of the divine name which is called upon Israel; such an one, though a servant, might not be delivered to his master.
(w) Hilchot Abadim, c. 8. sect. 11.

It is honourable to shelter and protect the weak, provided they are not wicked. Proselytes and converts to the truth, should be treated with particular tenderness, that they may have no temptation to return to the world. We cannot honour God with our substance, unless it be honestly and honourably come by. It must not only be considered what we give, but how we got it. Where the borrower gets, or hopes to get, it is just that the lender should share the gain; but to him that borrows for necessary food, pity must be showed. That which is gone out of thy lips, as a solemn and deliberate vow, must not be recalled, but thou shalt keep and perform it punctually and fully. They were allowed to pluck and eat of the corn or grapes that grew by the road side; only they must not carry any away. This law intimated what great plenty of corn and wine they should have in Canaan. It provided for the support of poor travellers, and teaches us to be kind to such, teaches us to be ready to distribute, and not to think every thing lost that is given away. Yet it forbids us to abuse the kindness of friends, or to take advantage of what is allowed. Faithfulness to their engagements should mark the people of God; and they should never encroach upon others.

Thou shalt not deliver unto his master the servant which has escaped from his master unto thee--evidently a servant of the Canaanites or some of the neighboring people, who was driven by tyrannical oppression, or induced, with a view of embracing the true religion, to take refuge in Israel.

Toleration and Non-Toleration in the Congregation of the Lord. - Deuteronomy 23:15, Deuteronomy 23:16. A slave who had escaped from his master to Israel was not to be given up, but to be allowed to dwell in the land, wherever he might choose, and not to be oppressed. The reference is to a slave who had fled to them from a foreign country, on account of the harsh treatment which he had received from his heathen master. The plural `adoniym denotes the rule.

The servant - Of such as belonged to the Canaanites, or other neighbouring nations, because if he had lived in remote countries, it is not probable that he would flee so far to avoid his master, or that his master would follow him so far to recover him. For the Canaanites this sentence was most just, because both they and theirs were all forfeited to God and Israel, and whatsoever they enjoyed was by special indulgence. And for the other neighbours it may seem just also, because both masters and servants of these and other nations are unquestionably at the disposal of the Lord their maker and sovereign ruler. Understand it likewise of such as upon enquiry appear to have been unjustly oppressed by their masters. Now it is not strange if the great God, who hates all tyranny, and styles himself the refuge of the oppressed doth interpose his authority to rescue such persons from their cruel masters.