Torah from JTS - The Jewish Theological Seminary

Following President Lincoln’s Emancipation Proclamation and then more completely in the
13th Amendment, American law forbade slavery. Jewish law submitted to civil law under
the principle of dina d’malkhuta dina, that financial rules are determined by the
government, but there was no mechanism for a Jewish version of an emancipation
proclamation until the birth of Israel.
The State of Israel lacks a constitution, but in its 1948 Declaration of Statehood and, more
explicitly, its 1992 Basic Law: Human Liberty and Dignity, it makes the following statement:
“Fundamental human rights in Israel are founded upon recognition of the value of the
human being, the sanctity of human life, and the principle that all persons are free.” This is
a powerful moral and legal statement of which we Jews should be particularly proud.
Despite these bold American and Israeli statements, slavery has not disappeared—not in
1865, not in 1948, not in 1992, nor even today. Various forms of slavery continue to be
practiced, as documented by Benjamin Skinner in his recent book, A Crime So Monstrous:
Face to Face with Modern Slavery. Skinner follows the modern slave trade on five
continents, from sex-trafficking to the sale of children into forced labor. In the book’s
opening, he narrates his tale of flying from New York City to Haiti and buying a boy within
five hours of departure. Skinner claims that there are more people living in slavery today
than at any other time of history. This moral outrage exists nearly everywhere, including in
America and in Israel. In both countries, migrant workers live in a perilous legal state and
are vulnerable to predatory behaviors by employers who withhold pay with impunity.
Fortunately, Israel has an active human and civil rights community, and the Israeli
Supreme Court recently issued a ruling to protect such workers.
There are many reasons to celebrate Israeli Independence as we did this week. Among
them is the unprecedented opportunity for the Jewish people to exercise a collective moral
action such as Israel has done with its Basic Law: Human Dignity and Liberty. No prior
Jewish source has said as clearly what this law said—that slavery is forbidden across-theboard
for all people. As Jews, we should be proud of this clear document, but more than
pride is asked of us. The antislavery sentiments of modern democracies such as Israel and
the United States must be translated into a reality in which the enslavement and even
subjugation of any human being becomes impossible.
Perhaps the Bible can, after all, be the foundation for this change. Slavery, it shows, is
wrong because for one human to claim ownership of another is to deny the divine
prerogative. It is not only the Jewish people who are “owned” by God. The book of Psalms
says, “The earth is the Lord’s and all that it holds, the world and its inhabitants” (24:1). Any
religious person who would participate in the subjugation of another human being must be
reminded that this is an outrage not only to humanity but also to God.
The Jewish task is to proclaim this message, to oppose enslavement and oppression, and
to stand for liberty and dignity for all. We must name these ideals, confront the ugly reality
of continued enslavement, and dedicate ourselves to fulfilling the broader mandate, which
began with: “Proclaim liberty throughout all the Land unto all the inhabitants thereof” (Lev.
25:10)!
The publication and distribution of the JTS Commentary are made possible by a generous
grant from Rita Dee and Harold (z”l) Hassenfeld.
A Taste of Torah
A Commentary by Rabbi Matthew Berkowitz, director of Israel
Programs, JTS
Parashat Behar is consumed with dependence and independence. On the
one hand, Torah legislates in regard to the laws of shmittah (release). Every
seventh year the land must remain untilled and “ownerless,” as it were.
Torah communicates that we are ultimately dependent on God. Our
“ownership” of the land is illusory and ephemeral. Possession of the land is
ultimately in the divine realm. On the other hand, independence and freedom
are stressed. In the 50th or Jubilee year, land returns to the “original” owner
and servants are liberated. Freedom from one’s master becomes a prime
value for Torah. The second half of Parashat Behar underscores this value
as we read of a kinsman who finds himself in dire straits. How are we to
relate to the “other” who finds herself dependent on the goodwill of
strangers?
Professor Ze’ev Falk highlights and explains the powerful message
communicated in Torah. He writes,
Three times, Torah refers to the case of a kinsman “in straits;” it is a
description of the gradual demise of one’s fellow. First, he is forced
to give up the land upon which he works and dwells. Afterwards, he
lacks money and food and seeks a loan. Then finally, he sells
himself as a servant to a fellow Israelite. An additional fourth time
the word “straits” is mentioned in reference to a case in which the
kinsman sells himself to a “resident alien”: “If a resident alien among
you has prospered, and your kinsman being in straits, comes under
his authority and gives himself over to the resident alien among you,
he will have the right to redeem himself even after he has given
himself over [to the alien]” (Leviticus 25:47). Here the kinsman is no
longer the master over a fellow kinsman; the stranger has become
master. The Torah’s implicit message is that one must help one in
straits and assist the needy individual before his demise. Just as it
is explained in the midrash of Sifra: “to what may this be compared?
To a load upon a donkey. While the donkey continues to stand,
struggling under its load, one person can help the donkey (by
unloading excess weight or rebalancing the load). Once the donkey
collapses, five people cannot help the donkey stand up again.”
(Falk, Divrei Torah Ad Tumam, 302)
We are repeatedly given implicit and explicit chances in life to help those in
need. The earlier we intervene, the more effective we will be in providing
assistance. Too often, we remain on the sidelines and watch as a situation
worsens before we volunteer to help. Eschewing hesitation and ambivalence
is the key to making a community and this world a much better place.
The publication and distribution of A Taste of Torah are made possible by a
generous grant from Sam and Marilee Susi.