Slavery - Our Convenant with G-d

I received a tradition from my Rabbi, Rabbi Leff, who in turn received it from his Rabbi, Rav Mordechai Gifter zt”l, the past Rosh Yeshiva of Telz Cleveland: Never pass up an opportunity to show Hakoras Hatov (gratitude) or to give a well-deserved Yaasher Koach (Congratulations). So, I am here tonight to do just that – to give congratulations to all of you for the exceptional dedication you consistently show week after week through your avid participation in this learning program.

Parshas Mishpatim opens with what at first glance seems to be one of the most controversial topics in the entirety of the Torah: Slavery. How does one reconcile this with the well-known Torah ideals of loving-kindness, empathy, and concern for one’s fellow man???

[Our discussion below relates exclusively to a Jewish slave. The question was raised by one of the group participants as to an עבד כנעני (non-Jewish slave). This G-d willing will be addressed in a future talk.]

In truth, the Torah model of slavery differs radically from that of the world. As the Talmud states (Kidushin 22), כל הקונה עבד עברי כקונה אדון לעצמו (He who acquires an Jewish slave is [in reality] like one who has acquired a master over himself). Indeed, the Talmud lists many obligations that the master has with regard to his slave, some even requiring him to give preference to the slave’s needs over his own.

The week’s Haftarah continues with the theme of slavery. There, the prophet Yirmiyahu warns King Tzidkiyahu regarding the Jewish nation לקרא להם דרור (to proclaim freedom), which he clarifies to mean to grant freedom to all of their Jewish slaves. Rav Dovid Feinstein explains that the freedom proclaimed through this act was actually to the masters of the slaves – not the slaves themselves! This is because the very inherent selfishness of one who stoops to the level to enslave a fellow Jew imprisons him and prevents him from being truly free!

While the people originally heeded Yirmiyahu’s directive, shortly after their resolve weakened and they searched out and re-conscripted their Jewish slaves. Hashem responded to this by declaring, “You did not declare freedom to your slaves, I will in turn declare freedom to the sword and famine, and will turn you over to the tyrannical kingdoms of the land [Egypt and Babylon]”. We broke our Bris (convenant) to Hashem so Hashem no longer keeps His Bris with us, and we fall under the dominion of the natural world and the superior armies of the gentile nations!

After the original period of six years elapses, a Jewish slave has the option to extend his slavery. One who chooses to do so is known as a martzeia (pierced) due to the master’s requirement to pierce his ear with an awl. Rashi explains the reason for this ritual: The ear which heard Hashem proclaim at Mt Sinai do not steal and yet stole, should be pierced. Rav Chaim Dov Keller asks, why should we wait six years? The slave stole at the beginning of his slavery, not now at the time of the extension!

He answers, that a person who steals, although certainly wrong, is still deserving of some degree of compassion since he stole out of need. Now, however, six years have passed. The fact that he chooses to remain a slave is therefore a premeditated one and deserves no compassion. Hence, he is punished for his original decision to steal which placed him in this situation.

Teshuva parallels this concept. A person who sins generally does so out of the pressures, whether internal or external, of the moment. Afterwards, he realizes the folly of his ways and does Teshuva as he returns to his original untainted behavior. He is the like the one who steals out of need for whom compassion is deserving and appropriate.

With all of us perhaps the same can be said. Through our commitment to Torah learning, we show Hashem our desire to abandon our past iniquities and return to His way. By doing so, we reaffirm our Bris with Hashem. May it be His will that in turn He should reinstate His Bris with us with much Siyata d’Shamaya and bracha v’hatzlacha in all of our lives!