Parshat Mishpatim
Slavery and the Law
In last week's parsha God gave the Ten Commandments to the Jewish people. This week's parsha then lists a more detailed description of God's law. It begins with:
"If you buy a Hebrew slave, he shall work [for] six years, and in the seventh [year], he shall go out to freedom without charge " (Shemot 21:2).
This is incredible. The very first law is about slavery. However, if we look carefully, it's not about actually the laws of slavery, but about freeing slaves. In fact, ver little is stated about the actual treatment and buying and selling of slaves. The very first law is about freeing slaves. It then goes on: "But if the slave says, "I love my master, my wife, and my children. I will not go free" (ibid 5) – the slave does not want to go free!!
The next law is about the female slave: "If a man sells his daughter as a maidservant, she shall not go free as the slaves go free" (ibid 7). The female slave does not go free. Why? The master or his son must marry her and provide her with "sustenance, her clothing, and her marital relations" (ibid 10). If he refuses to provide her this, then: she shall go free" (ibid 11).
The next law then talks about murder.
So as we can see, the Torah is not really talking to us about the laws of slavery. In fact, it is not really talking to us about laws at all. It is talking to us about a principle. People should not be enslaved, they should be free. The natural state of a person is to be free and not beholden to others.
Interestingly, this exactly how the Ten Commandments begin: "I am the Lord, your God, Who took you out of the land of Egypt, out of the house of slavery" (ibid 20:2). God's first act for Israel was to free them from slavery. Their first act, therefore, should be to free slaves.
The Torah, therefore, while permitting slavery, clearly wants it abolished, for the sanctity of humanity is primary to all laws, as is implied by the fact that the serious punishment for murder and manslaughter immediately follow.
Last year's Sedra Short on Parshat Mishptim, entitled: "The Kid and the Mother's Milk" appears at http://parshablog.blogspot.com/2008/01/parshat-mishpatim-kid-and-mothers-milk.html.
Another Sedra Short on Parshat Mishptim, entitled: "The New Covenant" appears at http://parshablog.blogspot.com/2007/02/parshat-mishpatim-new-covenant-i-have.html.
A further Sedra Short on Parshat Mishpatim, entitled: "The Law" appears at http://parshablog.blogspot.com/2006/02/parshat-mishpatim-law-god-gave-israel.html.
Slavery and the Law
In last week's parsha God gave the Ten Commandments to the Jewish people. This week's parsha then lists a more detailed description of God's law. It begins with:
"If you buy a Hebrew slave, he shall work [for] six years, and in the seventh [year], he shall go out to freedom without charge " (Shemot 21:2).
This is incredible. The very first law is about slavery. However, if we look carefully, it's not about actually the laws of slavery, but about freeing slaves. In fact, ver little is stated about the actual treatment and buying and selling of slaves. The very first law is about freeing slaves. It then goes on: "But if the slave says, "I love my master, my wife, and my children. I will not go free" (ibid 5) – the slave does not want to go free!!
The next law is about the female slave: "If a man sells his daughter as a maidservant, she shall not go free as the slaves go free" (ibid 7). The female slave does not go free. Why? The master or his son must marry her and provide her with "sustenance, her clothing, and her marital relations" (ibid 10). If he refuses to provide her this, then: she shall go free" (ibid 11).
The next law then talks about murder.
So as we can see, the Torah is not really talking to us about the laws of slavery. In fact, it is not really talking to us about laws at all. It is talking to us about a principle. People should not be enslaved, they should be free. The natural state of a person is to be free and not beholden to others.
Interestingly, this exactly how the Ten Commandments begin: "I am the Lord, your God, Who took you out of the land of Egypt, out of the house of slavery" (ibid 20:2). God's first act for Israel was to free them from slavery. Their first act, therefore, should be to free slaves.
The Torah, therefore, while permitting slavery, clearly wants it abolished, for the sanctity of humanity is primary to all laws, as is implied by the fact that the serious punishment for murder and manslaughter immediately follow.
Last year's Sedra Short on Parshat Mishptim, entitled: "The Kid and the Mother's Milk" appears at http://parshablog.blogspot.com/2008/01/parshat-mishpatim-kid-and-mothers-milk.html.
Another Sedra Short on Parshat Mishptim, entitled: "The New Covenant" appears at http://parshablog.blogspot.com/2007/02/parshat-mishpatim-new-covenant-i-have.html.
A further Sedra Short on Parshat Mishpatim, entitled: "The Law" appears at http://parshablog.blogspot.com/2006/02/parshat-mishpatim-law-god-gave-israel.html.
posted by Moshe Abelesz | 4:54 PM
|
2 comments
