30 January 2022

Parshat Mishpatim: I Shall Be Released

 As we sit around the Seder table on the Seder night(s), how many of us really consider the phrase: ‘Avadim Hayinu LePharaoh Bemizrayim’ – ‘We were slaves to Pharaoh in Egypt?’

I would bet ‘a Shabbat-friendly wager’ (if there were such a thing) that we probably don't give it much thought.  We like singing the tune of ‘avadim hayinuuuuu hayinu’ and look forward to the meal, which will arrive eventually, depending on how much effort we put into retelling the story of the Exodus...and watching the faces of our family and friends longing for us to 'get on with it' - before the inevitable 'so, when do we eat?' question arises.

But it's not an easy topic to discuss. We were slaves and we came out of Egypt. Seven weeks later, we were standing at the foot of Sinai and receiving the Ten Commandments from the Almighty.  Then Moshe went up the mountain and some of what he learned up there forms the bulk of this week's Parsha.

Exodus 21:1-5

These are the laws that you shall set before them:

If you buy a Hebrew slave, he shall serve six years, but in the seventh he shall go forth free, without paying anything.

If he came alone, he shall leave alone; but if he was a married man, his wife shall leave with him.

If his master gave him a wife, and she bore his sons or daughters, the woman and her children shall remain her master's, while he shall leave alone.

No sooner has Gd told us how he took the Israelites out of Egyptian slavery, than he's dictating laws to Moshe about how they will have to treat Hebrew slaves.  It seems incongruous that our nation, who celebrates its annual festival of freedom, was being instructed on returning to such a state.  After all, isn't one person in slavery a slave too many?

Let us also remember that the Israelites were also given laws relating to their ownership of non-Hebrew slaves.

As we read a few weeks ago:

Exodus 12:43-45

The Lord said to Moshe and Aharon: This is the law of the Passover sacrifice: No foreigner may eat of it.)  But any slave who has been acquired for money and circumcised may eat of it.  No Gentile resident or hired labourer may eat of it.

To understand the context of these laws, one should appreciate that the disturbing nature of slavery is not a new phenomenon.  It has sadly existed for thousands of years.  It was only in the mid-19th Century in the young country we call America, that brothers and cousins, friends and neighbours went to war to fight for the freedom of the African slaves who were living and dying under brutal conditions in the Southern plantations.

How do we find a way to accommodate the Torah's seeming acceptance of the shameful practice with our own liberation from Egypt?  Perhaps a starting point is to study the next few verses at the start of the Parsha regarding the Hebrew slave.

In this verse, the Torah is defining a slave’s status and, in the process, demonstrating how the servitude in Egypt was very different to the type being described here.  In effect, the Torah is prescribing the idea that such a slave was akin to a member of the family, albeit with certain constraints.

Exodus 21:5-6

But if the slave declares, “I love my master, and my wife and my children: I do not want to go free,” his master shall bring him before Gd.  He shall take him to the door or the doorpost, and pierce his ear with an awl; after that he shall remain his slave forever.

The Torah is telling us something extraordinary. Unlike other slaves in history, this person is being given the chance to gain the one request that is withheld from his Gentile peers.  He is being granted his freedom (with the proviso that the wife provided by the master and their offspring therein will remain behind).  However, in all other circumstances, he has the choice to walk out of the door as a free man.  

If he stays, he does so of his own will and literally bears the sign of having given up this opportunity.

The Torah later tells us in the Book of Vayikra:

Leviticus 25:39-41

 If your brother becomes poor and sells himself to you, do not work him as a slave.  He shall abide with you like a hired worker or a resident worker and work with you until the jubilee year.  Then he and his children with him shall be free to leave you and return to his family and their ancestral land.  For they are my servants whom I brought out of Egypt: they cannot be sold as slaves.

In a society where slavery was endemic, something different was taking place. Sadly, slavery was embedded both within Israelite society and beyond it but the Torah took a unique viewpoint.  This still doesn't answer the troubling question of how Jews were commanded to treat Gentile slaves.  On the one hand, they could be brought into the Covenant of Jacob through circumcision.  They would then have the right to partake of the Korban Pesach (Paschal Offering) but was there a 'code of conduct' our ancestors had to abide by.

The Rambam sheds some light on this:

Mishneh Torah, Hilchot Avadim (The Laws regarding Slaves) 8:12

When a person purchases a slave from a gentile without making a stipulation beforehand, and the slave does not desire to be circumcised or to accept the mitzvot incumbent upon slaves, he is given leeway for twelve months.  If at the end of this period, he still does not desire, the master must sell him to a gentile or to the diaspora.  If the slave made a stipulation with the master at the outset that he did not have to circumcise himself, the owner may maintain him as a gentile for as long as he desires and may sell him to a gentile or the diaspora....

The Rambam's solution to our quandary is steeped in an understanding of human nature.  At a time when slaves were treated by some masters as subhuman, his sensitivity to the feelings of the subject are commensurate with the Torah's humane approach.  It is no wonder that we flinch when we hear of man's inhumanity to his fellow.

Nearly sixty years ago on 28th August 1963, on the steps of the Lincoln Memorial, Reverend Martin Luther King said:

"I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood...I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.  I have a dream today."

Numerous Jews including Rabbis Abraham Joshua Heschel, Joachim Prinz and Uri Miller (who recited a prayer before his speech) stood alongside Dr King.  They testified to the vision that he shared.  In doing so, they demonstrated what Judaism is all about.

As Bob Dylan, a man who is famous for using Biblical metaphors sang:

I see my light come shining
From the west down to the east
Any day now, any day now
I shall be released.

This is the wish for all who are enslaved is it not?

As Jews, we stood up against racial prejudice in America, Apartheid in South Africa and attempted genocide in Bosnia, Rwanda and now China.  If the Torah can find a way to somehow give biblical slaves a chance of freedom, perhaps, it can instruct us as to how we can tackle some of this century's other divisive issues.

It's certainly something to consider whilst we wait to tuck into our Hillel sandwich.


Shavuah Tov.

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