Torah Portion Re'eh (5760)

With God's help, on the eve of the holy Sabbath, Torah Portion Re'eh, 5760

Slavery in Jewish Law

In our portion, the Torah commands us regarding the law of the 'Hebrew slave.' In the Torah there are two types of slavery: the 'Hebrew slave',

and the 'Canaanite slave.' A 'Hebrew slave' is a Jew who stole and was sold by the court, or one who sells

himself to another Jew into slavery. A 'Canaanite slave' is a gentile (not necessarily a Canaanite) who works as a slave

for a Jew. The concept of slavery arouses harsh associations in the heart of anyone who lives in the modern world, and as a

rule we feel relief that this institution no longer exists.

In these contexts the question arises whether a believing Jew ought to aspire to the return of these institutions

as part of the restoration of the complete body of Jewish law to its place, or whether it is possible that these are institutions that the Torah

defined within ancient reality, and today they are no longer relevant. Perhaps not every legal institution

constitutes an ideal in itself, and some of these institutions are legal frameworks intended to direct reality, as it

once prevailed, toward a better direction. If this is indeed so, then perhaps in the eyes of the Torah a reality is preferable

in which they have no place at all.[1]

The general question is of very great weight, especially in light of the fundamental belief that no substantial change is possible

in the Torah that was given by the Creator of the world. Since He also knows what is going to occur,

and knows what is right to do in every situation, it cannot be that it contains incorrect instructions (or instructions not

valid in every situation). On the other hand, at the beginning of the Torah portion Ki-Tetzei there appears the passage of the 'beautiful captive woman,' which deals

with a situation in which one of the soldiers in the army encounters a foreign woman in the land where he is fighting and desires her.

The Torah permits him, under certain conditions, to marry her. The Sages say about this passage: 'The

Torah spoke only in response to the evil inclination' (Kiddushin 21b). Their intention is to say that in a time of war there is concern about conduct

that is improper in these matters, and therefore the Torah permits such a situation, which is not worthy in its eyes, in order

to prevent the emergence of a less worthy situation. This is an example of a passage whose non-realization is what one ought to seek, and its entire

purpose is to channel a less-than-ideal reality into a less harmful course. It is clear that even from such a passage we must

learn several eternal lessons, for example: permission for a certain degree of moral flexibility in order to prevent

deterioration, and more. If so, it is possible that the passages on slavery also belong to that category.

The question of the Torah's eternal validity is complex, and requires detailed discussion in its own right. In what follows I shall try

to argue, even independently of the above question, that many positive points can be found in the institutions of

slavery in the Torah.

Let us begin with the 'Canaanite slave,' who, as stated, is a gentile who works as a slave for a Jew. This status in Jewish law is

a partial conversion, that is, the Canaanite slave is obligated in some of the commandments, and after his emancipation (which is possible only

under certain circumstances) he becomes a Jew (of course, not every gentile who works for a Jew is a 'Canaanite

slave'). Here a gentile is given the possibility of joining Judaism gradually (at least partially). If indeed

we regard the state of being Jewish as superior to the state of being a gentile, a view that is

undoubtedly correct in the Torah's outlook, this casts a different light on this type of slavery. There is still

room to discuss whether it is right to do this coercively, and to compare it with the alternative of full and immediate conversion,

but this is not the place for that.

The second case is the 'Hebrew slave,' that is, a Jew who stole and does not have enough money to repay

his theft. In this case the court sells him as a slave, and the proceeds serve to repay his debt (there is also

the 'self-seller,' that is, a Jew who sold himself as a slave in order to earn money, but this is an act

that is improper according to the Torah). The slave status imposed on a thief is an attempt

to put him through a process of socialization. He lives within a normative family, receives excellent treatment (the Sages say:

'One who acquires a slave acquires a master for himself' [Kiddushin 20a]. If he has only one pillow, he is obligated to give it to the slave,

and so forth), and over six years learns to behave as a normative person. After six years he is obligated

to go free, and if he does not want this (a plausible situation in light of the conditions he is granted

in his 'slavery') he is censured by the Torah. The goal of rehabilitation is to live as a rehabilitated person, not

to remain in rehabilitation all one's life. Still, there is no rehabilitation by force, and therefore the Torah allows his ear to be pierced

and for him to remain in his master's house.

Let us compare this with the accepted method of punishment today, namely sending the thief to prison. In prison the thief

meets people like himself, learns the secrets of the trade from his associates, becomes addicted to drugs, undergoes humiliations

and pressures, and as a result sinks more deeply into the swamp in which he finds himself. His society does not enable

him to undergo a process of socialization, for it is not a normative society, but rather a group of people

who have deviated from the norms.

The good treatment the slave receives in his master's house is not merely concern for his dignity as a human being; it is part of

his rehabilitation process. If a person who was not accustomed to respectful treatment receives such treatment, this has a very great impact

on his ability to be rehabilitated. In prison he certainly does not receive such treatment. Life within a

normative society is also a necessary condition for rehabilitation, and this too is absent from the modern method of punishment.

So have we really advanced? Is the system of slavery truly so bad? We must

examine the modern method of punishment by the measure of its success. Sometimes we cling to slogans

that sound a certain way to our ears, and on their basis formulate positions. Our tendency to reject the institution of

slavery is based more on the connotation of the word 'slavery' than on a substantive examination.

'Modern' is not necessarily identical with 'advanced,' and in every question matters must be examined on their merits.

A peaceful Sabbath

This may be deposited for respectful burial in any synagogue or academy of Torah study. Comments and responses will be welcomed.

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[1] Someone already said (Bernard Shaw?) that the institution of marriage is a wonderful institution, but who wants

to live in an institution?!

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