Mishneh Torah, Slaves 7-9

Hook

There are few concepts as foundational to the Jewish story, and indeed to the modern State of Israel, as freedom. From "Let My People Go" to the Declaration of Independence of the State of Israel, the yearning for self-determination and dignity echoes through our millennia. Yet, when we encounter texts like Maimonides’ Mishneh Torah, which codifies the laws of slavery, we face a profound dilemma. How do we, as a people deeply committed to liberation and justice, reconcile the existence of such laws within our sacred tradition? How can we hold the complexity of a legal system that, on one hand, regulates human bondage, and on the other, meticulously carves pathways to freedom and insists on the humane treatment of all? This tension is not merely academic; it forces us to grapple with our past, understand the ethical evolution of our tradition, and ask what responsibility we carry today, as a sovereign people, to uphold the highest ideals of freedom and human dignity for all within our midst. It’s a challenge to our historical literacy and our moral imagination, pushing us to ask: What does true freedom, both personal and national, truly demand of us?

Text Snapshot

Here are a few lines from Mishneh Torah, Slaves 7-9 that encapsulate this complex tension:

• "The wording of a bill of release must connote that it is severing the connection between the slave and his master, so that his master no longer has any rights with regard to him." (Slaves 7:1)
• "When a slave flees from the diaspora to Eretz Yisrael, he should not be returned to slavery... 'He shall dwell with you, in your midst, in one of your cities that he desires. You shall not abuse him.'" (Slaves 8:10)
• "It is permissible to have a Canaanite slave perform excruciating labor. Although this is the law, the attribute of piety and the way of wisdom is for a person to be merciful and to pursue justice, not to make his slaves carry a heavy yoke, nor cause them distress... Cruelty and arrogance are found only among idol-worshipping gentiles. By contrast, the descendants of Abraham our patriarch... are merciful to all." (Slaves 9:8)

Context

Date

Rabbi Moses ben Maimon (Maimonides or Rambam) completed his monumental legal code, the Mishneh Torah, around 1177 CE in Egypt. These laws reflect the intricate legal tradition developed over centuries, from the biblical period through the rabbinic era, into the medieval world.

Actor

Maimonides was arguably the most influential Jewish philosopher and legal codifier of the Middle Ages. A physician, astronomer, and communal leader, his aim was to organize the entirety of halakha (Jewish law) into a clear, comprehensive, and accessible system, making it understandable to any Jew without needing to delve into the vast sea of the Talmud.

Aim

Maimonides' project was nothing less than to create a complete and systematic compendium of all Jewish law, covering every aspect of life, from ritual practice to civil jurisprudence. In doing so, he often presented the ideal, even when certain laws (like those pertaining to sacrifices or, indeed, slavery) were not actively practiced in his own time. His aim was to preserve and clarify the tradition, to prepare for a messianic future when all laws might again be observed, and to distill the ethical and legal principles embedded within them.

Two Readings

Reading 1: The Halakhic Imperative for Absolute Freedom and Human Dignity (Covenantal/Ethical)

Maimonides, even while meticulously codifying the laws pertaining to slavery, consistently leans towards freedom, human dignity, and compassion. This reading emphasizes the ethical core of Jewish law, which, despite operating within a system that accepted slavery, consistently pushed towards manumission and humane treatment.

The Absolute Nature of Freedom

The text begins with a striking emphasis on the absolute and permanent nature of freedom once granted. A bill of release (get shichrur) must "connote that it is severing the connection between the slave and his master, so that his master no longer has any rights with regard to him" (Slaves 7:1). The commentaries reinforce this, with Yekar Tiferet noting that a slave's release is "forever," unlike a divorce which can be reversed. This highlights that freedom, once bestowed, is an irreversible and complete transformation of status. Any reservation, even of a small piece of property, invalidates the entire release because it suggests the master retains some right, thereby undermining the absolute severance required for true freedom (Slaves 7:1, with Yekar Tiferet and Steinsaltz commentary). This legal stringency paradoxically serves to elevate the concept of freedom, demanding that it be unambiguous and unconditional.

Prioritizing Freedom over Property

Chapter 7 also reveals a remarkable prioritization of a slave's personal freedom over the acquisition of property. If a slave brings a bill of release that also transfers property, he "acquires his own person and becomes a free man immediately," even if the acquisition of the property itself requires further verification of signatures (Slaves 7:2). Yekar Tiferet explains this crucial distinction: "The reason is that once it reaches his hand, he is freed and does not need to verify it... But he does not acquire property until the document is verified like other legal documents." This implies a fundamental difference in how freedom and property are viewed; freedom is a personal status that is immediately effective, presumed in favor of the slave, while property rights demand more stringent proof. This legal nuance reflects a deep-seated ethical preference for human liberty.

Eretz Yisrael as a Haven of Freedom

Perhaps the most powerful expression of this covenantal imperative is found in Chapter 8, which establishes Eretz Yisrael (the Land of Israel) as a unique haven for freedom. A Jew selling a slave to a master from the diaspora results in the slave's freedom and the forfeiture of the purchaser's money (Slaves 8:8). This is a strong penalty, justified by the Sages because, had the slave not been purchased, "this slave would not have left Eretz Yisrael for the diaspora." Even more profoundly, if a slave flees from the diaspora to Eretz Yisrael, "he should not be returned to slavery." The master is compelled to free him, and the slave is considered a "righteous convert," with a specific warning against abusing him, "for he is even more humble-spirited than a convert" (Slaves 8:10-11, referencing Deuteronomy 23:16-17). Eretz Yisrael is not merely a geographic location but a spiritual space where the inherent dignity of every human being, especially those seeking freedom, is elevated and protected by divine mandate. This concept directly informs the Zionist vision of Israel as a refuge and a place of self-determination.

The Ethical Imperative for Compassion

Finally, Maimonides concludes these laws with a powerful ethical statement in Chapter 9. While acknowledging the legal permission for "excruciating labor," he immediately pivots to declare that "the attribute of piety and the way of wisdom is for a person to be merciful and to pursue justice, not to make his slaves carry a heavy yoke, nor cause them distress." He contrasts the cruelty of idol-worshipping gentiles with "the descendants of Abraham our patriarch, i.e., the Jews whom the Holy One, blessed be He, granted the goodness of the Torah and commanded to observe righteous statutes and judgments, are merciful to all" (Slaves 9:8). This isn't just an optional suggestion; it's presented as the way of wisdom and an emulation of God's own attributes: "His mercies are upon all of His works." This concluding passage elevates compassion and justice as fundamental Jewish values, framing the treatment of the vulnerable as a reflection of one's adherence to the covenant itself.

Reading 2: The Practicalities of Property and Social Order (Civic/Legalistic)

While the previous reading focused on the ethical push towards freedom, this reading acknowledges the pragmatic realities of slavery as a deeply entrenched institution in ancient and medieval societies, and how Jewish law sought to regulate it within a framework of social order and property rights. This perspective helps us understand the historical context without endorsing the institution itself.

Defining and Regulating a Complex Institution

Maimonides' detailed exposition of the laws of slavery reveals the institution's complexity. The Mishneh Torah isn't simply abolishing slavery; it's providing a comprehensive legal framework for its existence, acquisition, and eventual termination. This includes meticulous rules about valid bills of release, the implications of partial release (e.g., "half slave and half free," Slaves 7:5), the transfer of ownership (e.g., selling to gentiles, Slaves 8:1ff), and the status of children born to slaves (Slaves 9:1-2). These regulations speak to a reality where slaves were considered a form of property, and their status had significant legal and economic implications for individuals and society. The law had to delineate clear boundaries for ownership, transaction, and manumission to maintain order.

Balancing Property Rights with Ethical Considerations

The text grapples with the tension between the master's property rights and the ethical considerations surrounding human beings. For example, the laws concerning a "half slave and half free" individual (Slaves 7:5-6) illustrate this. Such a person cannot marry either a Canaanite maid-servant or a free woman, creating a social dilemma. The law intervenes by compelling the master to free the slave to enable them to fulfill the commandment of procreation, while simultaneously ensuring the master is compensated for the remaining "half his value" (Slaves 7:6). This is a "correction for society" (takanat olam), ensuring social harmony and individual well-being while balancing the economic interests of the master. Even in cases where a master makes a slave an apotiki (collateral) for a creditor and then frees the slave, the slave is freed, and the creditor is compelled to free him too, again as "a measure enacted for the correction of society" (Slaves 8:19). These are pragmatic legal solutions designed to navigate a complex social reality.

The Role of Eretz Yisrael and Community

The laws concerning Eretz Yisrael, while celebrated in the ethical reading, also highlight the pragmatic concerns of maintaining a distinct Jewish peoplehood and social fabric. Selling a slave to the diaspora is penalized not solely for the slave's welfare, but because "if he had not purchased the slave, this slave would not have left Eretz Yisrael for the diaspora" (Slaves 8:8). This indicates a concern for the demographic and spiritual integrity of the land of Israel, preventing Jewish-owned slaves from potentially assimilating into gentile society outside the land. Similarly, the laws about a slave's choice to be circumcised and accept mitzvot (Slaves 8:12-13) or the compelling of a master to move to Eretz Yisrael with a slave (Slaves 8:9) underscore the communal and religious dimensions of the master-slave relationship. These regulations, while containing ethical elements, are also deeply rooted in the practicalities of maintaining a distinct Jewish community and its unique relationship with the Land of Israel.

Unresolved Questions and Legal Nuances

Maimonides' inclusion of "unresolved questions" (teiku) throughout these chapters (e.g., Slaves 8:4, 8:7) underscores the ongoing legal debates and complexities within the tradition. These are not simple, clear-cut issues but areas where rabbinic authorities held differing views or where the precise application of law was ambiguous. For instance, whether a slave sold "except for his work" or "except for the Sabbaths and festivals" is freed or not is an unresolved question (Slaves 8:4). This candidness reveals the legalistic rigor and the honest engagement with the limits of definitive pronouncements. It reminds us that Jewish law is not a monolithic, static entity but a dynamic system grappling with difficult real-world scenarios, often seeking practical, albeit sometimes imperfect, solutions within the prevailing societal norms.

Civic Move

Cultivating a "Spine of Justice, Heart of Empathy" in Modern Israel

Our engagement with Maimonides' laws of slavery, fraught with historical baggage yet rich with ethical nuance, offers a potent civic move for dialogue and learning in modern Israel. The central tension—how a legal system can regulate an abhorrent institution while simultaneously pushing towards freedom and human dignity—is a mirror for contemporary challenges.

I propose we engage in a structured, multi-perspective dialogue, rooted in the spirit of the Mishneh Torah's concluding ethical imperative ("the descendants of Abraham our patriarch... are merciful to all").

Action: Organize or participate in a facilitated dialogue series titled "From Ancient Laws to Modern Responsibilities: Freedom, Dignity, and Justice in the Jewish State."

Objective: To explore how the ethical principles embedded in Jewish tradition, particularly the drive towards freedom and compassion articulated even within challenging texts, can inform and strengthen Israel's commitment to democratic values, human rights, and the equitable treatment of all its citizens and residents.

Methodology:

1. Text Study and Historical Context: Begin by collaboratively studying key passages from Mishneh Torah Slaves 7-9, including the highlighted sections and commentaries. Crucially, ground this in a deep understanding of the historical context of slavery in the ancient and medieval world, acknowledging that the Jewish legal system, while unique, operated within these realities. Avoid anachronistic judgments, but also don't shy away from moral discomfort.
2. Connecting the "Spine of Justice": Discuss how the specific halakhic mechanisms that lean towards freedom (e.g., the absolute nature of the get shichrur, the immediate granting of freedom, the status of Eretz Yisrael as a haven, the compulsion to free for marriage, the ethical treatment directives) represent a "spine of justice" within the tradition. How do these legal-ethical moves, even within a system that permitted slavery, reflect an underlying commitment to human dignity that can be extrapolated to today?
3. Opening the "Heart of Empathy": Reflect on Maimonides' powerful conclusion in Slaves 9:8, emphasizing mercy and justice as defining traits of Abraham's descendants. How does this call to "be merciful to all" translate into our contemporary responsibilities as a sovereign nation? How can it inform our policies and societal norms regarding minority rights, migrant workers, asylum seekers, and vulnerable populations within Israel?
4. Addressing Modern Dilemmas: Use the insights gained to discuss specific contemporary issues in Israel where the tension between national interest, security, and human rights is palpable. For instance:
   • The status of non-citizens: How do the lessons about Eretz Yisrael as a place of freedom and the imperative not to return a slave who flees to the land (Deut. 23:16) inform our approach to asylum seekers and migrant workers today?
   • Civic equality: How does the emphasis on "severing connection" (Slaves 7:1) and ensuring no "rights remain" for a former master inspire us to ensure full civic equality and dignity for all citizens of Israel, regardless of background? What historical "connections" or prejudices need to be severed to foster a truly shared society?
   • Ethical leadership: How does Maimonides' call for leaders to embody mercy and justice (Slaves 9:8) shape our expectations for political discourse and policy-making?
5. Commitment to Ongoing Learning and Repair: Conclude with a commitment to ongoing learning, challenging assumptions, and identifying concrete actions—personally, communally, or politically—that reflect a stronger "spine of justice" and a more open "heart of empathy" in daily life and national policy. This fosters a continuous process of national introspection and improvement, ensuring that the legacy of Jewish liberation informs a future of justice for all.

Takeaway

Maimonides' intricate laws concerning slavery, though challenging for a modern conscience, are not merely relics of a distant past. They serve as a powerful testament to the enduring human struggle for freedom and dignity, and the profound ethical wrestling within Jewish tradition. They compel us to look beyond surface-level discomfort to uncover a deep, consistent drive towards liberation, compassion, and justice, especially for the vulnerable. By studying these texts with a "strong spine" of historical literacy and an "open heart" of empathy, we learn that the path to true freedom is paved with meticulous attention to legal detail, unwavering ethical commitment, and a willingness to constantly question and refine our understanding of what it means to be "merciful to all." For a modern Israel, founded on the principle of self-determination, this ancient wisdom offers an urgent, hopeful call: to build a society that not only celebrates its own freedom but actively works to ensure the dignity and flourishing of every individual within its borders.