Parashat Re’eh – On being a Redeemed Slave and a Redeeming Master

עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרַיִם וַיִּפְדְּךָ יְ׳הוָה אֱ׳לֹהֶיךָ

 

Parashat Re’eh begins Sefer Devarim’s legal code in earnest. It begins with the requirements regarding emptying the Land of Israel of Idolatry, and ensuring that it stays emptied in chapters 12 and 13. Chapter 14 discusses what foods may or may not be eaten by Bnei Yisrael, and chapter 15 contains the laws regarding providing for the poor of the Israelite society. These laws, perhaps the most emphatic legislation of social justice in the entire Torah, contain one of the many apparent legal contradictions between Sefer Devarim and other books of the Torah. The laws governing the freeing of a slave, found in Devarim 15:12-18, are also found in Shemot 21:2-11. However, a closer look at the differences between the two passages demonstrates that they really need not be thought of as contradicting[1], and, in fact, their differences are a manifestation on the way the two pericopes focus on different aspects of what it means to be human.

The laws regarding Freeing a Slave in Sefer Shemot are found at the beginning of the Covenant Code, “ספר הברית,” that Moshe presents to the people after his first stay on Har Sinai (Code – Shemot 21-23; Presentation – 24:1-11).

If you buy a Hebrew servant, he shall serve for six years and in the seventh he shall go out free for nothing. If he came in [to slavery] by himself, he shall go out by himself; if he is married, then his wife shall go out with him. If his master gave him a wife, and she bore him sons or daughters; the wife and her children shall be the master’s, and he shall go out by himself. But if the servant shall plainly say: I love my master, my wife, and my children; I will not go out free; then his master shall bring him to the judge, and shall bring him to the door, or to the door-post; and his master shall bore through his ear with an awl, and he shall serve him for ever. And if a man sold his daughter to be a maid-servant, she shall not go out as the men-servants do. If she is not pleasing to her master, who has designated her for himself, then he shall let her be redeemed; he shall have no power to sell her to a foreign people, since he has dealt deceitfully with her. And if he designates her for his son, he shall deal with her after the manner of daughters. If he takes another wife, her food, her raiment, and her conjugal rights, he shall not diminish. And if he does not provide these three for her, then shall she go out for nothing, without money.

These laws are largely similar to those found in Devarim 15 that are part of the legal framework of the Israelite society that will be created in the Land of Israel.

If your brother, a Hebrew man, or a Hebrew woman, is sold to you, he shall serve you for six years; and in the seventh year you shall send him free from you. And when you send him free from you, you shall not send him empty; you shall furnish him liberally from your flock, and from your threshing-floor, and from your winepress; From that with which the Lord your God has blessed you shall you give to him. And you shall remember that you were a slave in the land of Egypt, and the Lord your God redeemed you; therefore I command you this thing today. And it shall be, if he says to you: ‘I will not go out from you’; because he loves you and your house, because he fares well with you; then you shall take an awl, and thrust it through his ear and into the door, and he shall be your slave for ever. And also to your slave-woman you shall do likewise. It shall not seem hard to you, when you send him free from you; for double the work of a worker has he served you six years; and the Lord your God will bless you in all that you do.

There are many similarities between these two passages, but there are also several key differences. The verses in Devarim fail to mention that the slave who enters single leaves single, and one who enters married leaves married, but it adds the mitzvah to provide your former slave with produce and livestock in order to help him get back on his feet. The passage in Devarim treats male and female slaves the same, while the passage in Shemot explicitly differentiates between them[2]. The slave in Shemot wants to stay with his master because he loves his master, his wife, and his children, whereas in Devarim the slave loves his master and his master’s house.

These differences are all manifestations of a larger dichotomy, which becomes clearer when looking at a linguistic difference between the two pericopes. The verses from Shemot consistently refer to the slave leaving with the master as the slave “going out,” while the passage from Devarim refers to it as the master “sending the slave free.” The passage in Devarim seems to be focusing on the actions of the master, where the verses in Shemot are speaking about the actions of the slave. This dichotomy is compounded by the way in which the master is spoken about in each passage. Whereas in Shemot the master is referred to as “the master,” in Devarim the master is addressed directly as “you.” This all seems to indicate that the passage in Devarim is discussing the laws in terms of the master, whereas the one is Shemot is speaking of the perspective of the slave. With this in mind, the differences between the two sets of laws make perfect sense. The slave’s marital status and the special marriage/servitude of the slave-woman are only spoken of in Shemot, which deals with the slave’s perspective, while Sefer Devarim focuses on the need to release the slave at the end of six years and to grant the slave property, obligations that are incumbent upon the master. The split between the two books of the Torah also makes sense, in that the Covenant Code was addressed to people who had only recently been slaves in Egypt, whereas Moshe’s speeches in Sefer Devarim were said to their children who not only had never been slaves, but were about to go into the land as new owners of houses, fields, and presumably servants as well. The laws of regarding the freeing of slaves are spoken to both former slaves and future masters, and both of these are alluded to in the reason that the Torah gives for the laws. “And you shall remember that you were a slave in the land of Egypt, and the Lord your God redeemed you; therefore I command you this thing today” (Devarim 15:15). These laws must be kept because the Israelites were slaves in Egypt, and so they remember what it is like to be a slave, but also because ‘א is the Redeemer and the Israelites, in imitation of ‘א must also be redeemers.

The tension between the mindsets of a slave and a master is ingrained in the Israelite consciousness. The freedom granted to slaves in the Yovel year is ultimately a function of servitude, as ‘א declares, “For Bnei Yisrael are to me as servants; they are my servants that I took out of the Land of Egypt” (Vayikra 25:5). Yet being a master, owning slaves, throughout the Torah, brings upon a person many laws obligating them in the way they must provide for and take care of the slave. A person who acquires a slave has acquired for themselves a master[3]. This tension is part of a greater set of tensions that make up what it means to be human. Perhaps the primary tension, underlying all of the rest, is found in the first chapter of the Torah. Man is an anomaly the orderly process of Creation, the only created thing that resembles the Creator (Bereishit 1:27). The tension between the created and the creator in Man underlies much of the stories throughout Tanakh[4], but also in the laws of the Torah. The commandment to rest on Shabbat is given two different reasons in the Torah. Bnei Yisrael must rest on Shabbat because they are like ‘א (Shemot 20:7-10), who rested on Shabbat, but also because they are like the rest of the created (Devarim 5:11-14), all of whom must rest equally.

We are complex beings, neither masters of our own domain nor slaves, without a hand in the course of history. Not quite created or creator, we are unique. However, this uniqueness is not a reason for us to sit back and rest on our heels. No part of the complex mosaic that is man provides an exemption from responsibility.  Having been slaves does not entitle the Israelites to mistreat others, and being endowed with Creator-hood, far from granting us privileges, enjoins us to rest from the act of creating. Whether we are created to conquer and to dominate (Bereishit 1:28) or to serve and to protect (Bereishit 2:15), it is clear that we are created to be responsible, both to our Creator and to our fellow creatures.

 

[1] I am indebted for much of the textual analysis in this composition to an essay by Rav Yonatan Grossman.

[2] Rashi actually explicitly deals with these contradictions in his commentary on Devarim 15:12, “Has the Torah not already stated ‘and when you buy a Hebrew servant’ Rather, the repetition here adds two new details. Firstly, that the female servant also goes forth after six years, and secondly, that the parting servant is to be provided with gifts.”

[3] Talmud Bavli, Masekhet Kiddushin, 20a.

[4] The story of the first transgression of Man in Bereishit 3 is a great example, as it is explicitly mentioned in Bereishit 3:5&22.

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