Mishneh Torah, Slaves 7-9

Hook

This week, we delve into Maimonides' Mishneh Torah, specifically the laws concerning the emancipation of slaves. At first glance, these passages might seem like an artifact of a bygone era, distant from our contemporary concerns. Yet, within these ancient legal discussions lies a profound exploration of agency, responsibility, and the very nature of freedom. The core dilemma we encounter is this: what does it truly mean to be free? Is it merely the absence of external chains, or is it something more – a state of being that requires internal affirmation, societal recognition, and a framework of rights and responsibilities? As we navigate these intricate legal distinctions, we are invited to consider the enduring relevance of these questions for building just and equitable societies today, and how the journey of the Jewish people, particularly the Zionist endeavor, grapples with defining and actualizing collective and individual freedom.

Text Snapshot

Here are some pivotal lines from Mishneh Torah, Laws of Slaves, Chapters 7-9, that illuminate our discussion:

"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. Therefore, if a master writes to his slave: 'You and everything I own except for such and such a property or such and such a garment are now your property,' the connection between them is not severed. The bill of release is nullified. And since the bill of release is not effective, the slave is not freed and he does not acquire any of the property." (Mishneh Torah, Laws of Slaves 7:1)

"When a slave brings a bill of release that states: 'Your person and my property are acquired by you,' he acquires his own person and becomes a free man immediately. He does not, however, acquire the property until the authenticity of the signatures to the document are verified, as is the law with regard to other legal documents." (Mishneh Torah, Laws of Slaves 7:2)

"When a person sells his slave to a gentile, the slave is released as a free man. We compel the previous owner to buy him back from the gentiles at even ten times his value. He then composes a bill of release for him, and the slave is released." (Mishneh Torah, Laws of Slaves 9:15)

"When a slave flees from the diaspora to Eretz Yisrael, he should not be returned to slavery. Concerning such a person, the Torah Deuteronomy 23:16 states: 'Do not return a slave to his master.' His master is told to compose a bill of release for him, and he writes a promissory note for his master for his worth, which the master holds until the freed slave earns that money and gives it to him. If the master does not desire to free him, the court invalidates his ownership of him, and the slave is free to go on his way." (Mishneh Torah, Laws of Slaves 9:21)

"Cruelty and arrogance are found only among idol-worshipping gentiles. By contrast, 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." (Mishneh Torah, Laws of Slaves 9:33)

Context

These passages from Maimonides' Mishneh Torah, compiled around the late 12th century, address the intricate legalities surrounding the emancipation of slaves within Jewish law.

• Date: The Mishneh Torah was written between 1170 and 1180 CE. While the laws themselves are rooted in biblical and rabbinic texts, Maimonides' codification provides a systematic and comprehensive framework for understanding them in his era. This was a period of significant intellectual and cultural development in the Jewish world, with a strong emphasis on halakhic discourse and legal clarity.

• Actor: Maimonides (Rabbi Moshe ben Maimon, also known as Rambam) was a preeminent medieval Sephardic Jewish philosopher, astronomer, physician, and legal scholar. His Mishneh Torah is a monumental work that aimed to present the entirety of Jewish law in a clear, logical, and accessible manner, drawing from the Talmud and other rabbinic literature. His meticulous approach to legal reasoning, evident in these passages, seeks to define precise conditions and implications of freeing a slave.

• Aim: Maimonides' aim was to codify Jewish law, making it understandable and applicable. In these specific chapters, he meticulously details the requirements for a valid bill of release (get shichrur), the conditions under which a slave gains freedom, and the legal consequences for both the former slave and the former master. He grapples with nuanced situations, distinguishing between the severing of the master-slave relationship and the acquisition of property, and exploring the moral and legal imperatives that govern the process of liberation, especially within the context of Jewish ethical principles and the unique status of Eretz Yisrael.

Two Readings

The complexities of Maimonides' laws on slavery and emancipation offer fertile ground for multiple interpretations, particularly when viewed through the lens of modern concepts of personhood and national aspiration. We can explore two primary readings:

Reading 1: The Covenantal Framework of Liberation

This reading emphasizes the deeply embedded nature of these laws within the covenantal relationship between God and Israel, and the unique ethical framework of Jewish tradition.

• Focus on Divine Command and Moral Obligation: From this perspective, the laws of slavery and emancipation are not merely legal statutes but expressions of a divinely ordained moral order. The very existence of laws governing slavery, however uncomfortable it may be for us to read today, stems from the biblical text. Maimonides, in codifying these laws, is not endorsing slavery as a moral good, but rather seeking to regulate it within the strictest possible ethical bounds, as prescribed by Torah and interpreted by the Sages. The emphasis on the intent behind the bill of release – that it must truly sever the connection – reflects a deep concern for the integrity of the act of liberation. As Yekar Tiferet notes, a bill of release for a wife (get) can be temporary, but for a slave, the severing is meant to be absolute and permanent: "דבר הכורת בינו לבין העבד הוא לעולם וק"ל" (the matter that severs between him and the slave is forever). This speaks to a covenantal understanding of relationship – when a bond is broken, it is broken completely, reflecting a divine principle of clarity and finality in key aspects of human interaction.

• The Sanctity of Personhood and Dignity: The Mishneh Torah, despite its acceptance of slavery as a legal reality, consistently elevates the dignity of the enslaved person. The detailed stipulations for a valid bill of release underscore that freedom is not a mere formality but a profound transformation of status. The requirement that the bill of release must focus on the slave's rights and the severance of the master's claims ("שתוכן הגט יעסוק כולו בזכות העבד ולא בזכות האדון" – Steinsaltz) highlights a nascent respect for the enslaved individual's inherent worth. The commentary from Steinsaltz on this point, "אין זה כורת והגט בטל" (this is not severing and the bill of release is nullified), reinforces the idea that the legal act of emancipation must be a genuine affirmation of the slave's personhood, not a conditional or partial release. This echoes the broader covenantal theme of God's relationship with Israel, where the covenant is built on mutual obligations and a recognition of the inherent worth of each individual within the community.

• The Unique Significance of Eretz Yisrael: The passages concerning slaves fleeing to Eretz Yisrael are particularly striking. The command, "Do not return a slave to his master," directly from Deuteronomy, is powerfully reinforced by Maimonides. The slave who reaches the land is not merely seeking refuge but is seen as having a divinely protected status, becoming akin to a "righteous convert." Maimonides states, "This slave who fled to Eretz Yisrael is a righteous convert. Scripture adds a specific warning for anyone who would desire to deride him, for he is even more humble-spirited than a convert." This elevates the enslaved individual to a position of spiritual significance within the land. The land of Israel, within a covenantal framework, is understood as a place of refuge, redemption, and a unique manifestation of divine justice. The laws here suggest that the very soil of the Holy Land has the power to transform status and offer a profound level of liberation, reflecting the biblical promise of a land where justice and freedom would reign. The emphasis on not abusing such individuals, even verbally ("Abusing him refers even to verbal derision"), underscores the sacredness of this reclaimed status within the covenantal land.

• The Interplay of Law and Piety: The concluding verses on the humane treatment of slaves, particularly the exhortation to follow the "attribute of piety and the way of wisdom" by being merciful, not causing distress, and sharing food and drink, reveal a tension between the legal minimum and the ethical ideal. This reflects a deeply covenantal understanding of leadership and community. Just as God is merciful to all His creations, so too are those who are part of the covenant called to emulate this mercy. The statement, "Cruelty and arrogance are found only among idol-worshipping gentiles. By contrast, the descendants of Abraham our patriarch... are merciful to all," positions Jewish ethical behavior as intrinsically linked to their covenantal identity. This reading sees the laws as a robust, albeit complex, system designed to uphold the dignity of all individuals within a divinely ordered framework, with the ultimate goal of fostering a society that reflects divine attributes of justice and compassion.

Reading 2: The Civic Framework of Agency and Belonging

This reading interprets the laws through a more civic and pragmatic lens, focusing on the establishment of individual agency, the acquisition of rights, and the process of integration into a functioning society, with particular resonance for the Zionist project.

• Freedom as Legal Status and Agency: From this perspective, the core of emancipation is the legal severance of the master-slave bond, granting the individual the status of a free person with independent agency. The meticulous distinctions Maimonides makes about the wording of the bill of release – that it must be a clear "severing" and not retain any residual rights for the master – are seen as essential for establishing this new legal status. Steinsaltz's explanation, "שתוכן הגט יעסוק כולו בזכות העבד ולא בזכות האדון" (the content of the bill of release should concern itself entirely with the slave's rights and not the master's), highlights the legal scaffolding required for this transition. The slave's ability to acquire property, which is often contingent on their freedom, further underscores this civic aspect of emancipation. The distinction made in 7:2, where the slave acquires their personhood immediately but property rights only after verification of the document, reflects a pragmatic understanding of legal processes in establishing rights and responsibilities within a civil society.

• The Bill of Release as a Social Contract: The bill of release can be viewed as a form of social contract, a formal document that delineates the new relationship between the individual and society. The emphasis on verifying signatures and legal authenticity points to the importance of established legal procedures in a functioning civil order. The commentary from Yekar Tiferet on 7:2, "מוקמינן ליה אחזקתיה ומותר לישא ישראלית דלא דמי לשאר שטרות דעלמא שהוא בא להוציא מיד אחרים" (we uphold his status, and he is permitted to marry an Israelite woman, unlike other documents where one seeks to take from others), suggests that the emancipation document is about establishing a person's rightful place within society, rather than a dispute over existing possessions. This aligns with the idea of building a society where legal standing is paramount.

• Eretz Yisrael as a Space of Reintegration and Refuge: The laws regarding slaves fleeing to Eretz Yisrael can be interpreted as establishing a civic policy of refuge and reintegration. The land becomes a place where individuals escaping oppressive circumstances can find protection and a new beginning. The prohibition against returning them, rooted in Deuteronomy, is framed as a fundamental civic principle. The process of writing a bill of release and the slave's obligation to repay their "worth" is a civic mechanism for acknowledging their past status while facilitating their integration into the free populace. This echoes the Zionist aspiration to build a land that offers refuge and a renewed sense of belonging to those who have been historically marginalized or oppressed. The idea of the land itself offering protection and a new identity resonates with the concept of national sovereignty as a guarantor of individual rights and freedoms.

• The Zionist Project and the Pursuit of Agency: The Zionist movement, in its quest to establish a sovereign Jewish state, can be seen as a modern manifestation of this civic framework. The creation of Israel was a conscious effort to build a society where Jewish people would have full agency, self-determination, and the ability to shape their own civic destiny. The Maimonidean emphasis on the clear severance of bonds and the establishment of legal standing finds a parallel in the Zionist endeavor to break free from centuries of statelessness and to establish a political entity with defined rights and responsibilities. The very act of building a state, with its laws, institutions, and national identity, is a civic project aimed at ensuring the well-being and freedom of its people. The complex legacy of statelessness, often marked by vulnerability and lack of agency, makes the Zionist pursuit of a sovereign civic space deeply resonant with the underlying themes of Maimonides' laws concerning emancipation – the establishment of a recognized, free, and integral status within a just society. The emphasis on ethical treatment of all, even within the legal framework of slavery, can be seen as a foundational principle for building a just and inclusive civic society, a core aspiration of the Zionist ideal.

Civic Move

This week, as we grapple with the nuanced legalities of emancipation in Maimonides and consider their echoes in the Zionist project, our civic move is to engage in a process of "Mapping Shared Values: From Ancient Texts to Modern Aspirations."

Action: Organize or participate in a facilitated dialogue session – either in person or online – that brings together individuals with diverse perspectives on Israel and Zionism. The goal is not to reach a single, unified conclusion, but to collaboratively explore the underlying values that animate both Maimonides' discussions on freedom and the Zionist endeavor.

Process:

1. Establish Ground Rules for Respectful Dialogue: Begin by agreeing on principles of active listening, speaking from personal experience and conviction, and seeking to understand rather than to win an argument. Emphasize that differing viewpoints are welcome and essential for learning.

2. Identify Core Values in Maimonides' Texts: As a group, revisit the key themes we've discussed:

   • The concept of true severance and the integrity of freedom.
   • The intrinsic dignity and personhood of the individual, even in subjugation.
   • The role of law and formal processes in establishing rights.
   • The ethical imperative of compassion and justice, even within existing structures.
   • The unique significance of Eretz Yisrael as a place of refuge and transformation.

3. Identify Core Values in Modern Israeli Society and Zionism: Facilitate a discussion around what foundational values proponents and critics of Israel and Zionism articulate:

   • The pursuit of self-determination and national sovereignty.
   • The right to refuge and security for the Jewish people.
   • The aspiration for a just and equitable society for all its inhabitants.
   • The ongoing tension between national aspirations and universal human rights.
   • The role of law, democracy, and human rights in shaping national identity.

4. Cross-Pollinate: Where Do These Values Intersect and Diverge? Guide the participants to draw connections:

   • How does Maimonides' emphasis on the integrity of freedom inform our understanding of self-determination today?
   • In what ways does the aspiration for a just society in Eretz Yisrael resonate with Maimonides' ethical exhortations for treating the enslaved?
   • Where do the historical narratives of vulnerability and the pursuit of refuge intersect with the modern Zionist project?
   • How do contemporary discussions about rights and responsibilities within Israel reflect, or depart from, the legal and ethical frameworks we've explored?

5. Identify Areas for Learning and Repair: Conclude by posing questions for reflection:

   • What aspects of these ancient texts or modern aspirations challenge our current understanding?
   • What specific actions – in our own communities, in our engagement with Israel, or in our broader societal discourse – can be taken to better embody these shared values of justice, dignity, and responsible belonging? This could range from educational initiatives to advocacy, or simply committing to more informed and empathetic conversations.

Why this Civic Move?

This "Mapping Shared Values" exercise is designed to move beyond simplistic narratives and engage with the inherent complexities. By focusing on shared values, we can create a common ground for dialogue, even amidst deep disagreements. It allows us to see how the enduring ethical and legal principles embedded in our tradition can inform our understanding of contemporary challenges, particularly in the context of nation-building and the pursuit of justice. It encourages a future-minded approach, recognizing that understanding our past and our foundational texts is crucial for repairing divisions and building a more hopeful future, both for Israel and for the broader human family. This exercise is not about agreement, but about deepening understanding and fostering the capacity for constructive engagement.

Takeaway

The journey through Maimonides' laws of slavery and emancipation, while originating in an ancient legal system, offers us a powerful lens through which to examine the enduring human quest for freedom. We learn that true liberation is not merely the absence of physical chains, but a complex process involving legal recognition, the affirmation of inherent dignity, and the establishment of responsible agency. Whether viewed through a covenantal framework, where freedom is intrinsically linked to a divine moral order, or a civic framework, emphasizing legal status and societal belonging, the core principles of severing oppressive bonds and upholding human worth resonate deeply.

As we consider the Zionist project and the State of Israel, we see these ancient concerns reflected in the ongoing struggle to build a just and secure society. The aspiration to provide refuge, ensure self-determination, and establish a framework of rights and responsibilities for all within its borders echoes the profound questions Maimonides grappled with. The tension between fulfilling national aspirations and upholding universal human rights remains a critical challenge.

Our takeaway is this: the pursuit of freedom, for individuals and for nations, is a continuous process of ethical deliberation and civic action. It requires us to engage with the complexities of our history, to critically examine our foundational texts and aspirations, and to commit to building societies that, in the spirit of Maimonides' ethical exhortations, strive for mercy, justice, and the recognition of the inherent dignity of every person. The work of actualizing freedom, in all its dimensions, is a shared responsibility that calls us to learn, to dialogue, and to act with both a strong spine and an open heart.