Servitude ֠in the Haftara and in the Parasha
Parashat Hashavua
Yeshivat Har
Etzion
This
parasha series is dedicated
Le-zekher Nishmat HaRabanit Chana
bat HaRav Yehuda Zelig zt"l.
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PARASHAT
MISHPATIM
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Servitude
in the Haftara and in the Parasha
By
Rabbanit Sharon Rimon
As
the Haftara to Parashat Mishpatim, we read the story of
enslavement in the time of King Tzidkiyahu, as recorded in Yirmiyahu
34:8-22. We shall review the slavery described there, and then try to understand
the significance of the command, in our parasha, concerning the freeing
of servants.
"The
word that came to Yirmiyahu from God after King Tzidkiyahu had
forged a covenant with all of the people who were in Jerusalem, to proclaim
liberty to them -
For
every man to let his Hebrew manservant, and every man to let his Hebrew
maidservant, go free, such that none of them, should enslave another who is a
Jew.
And
all the princes and all the people who had entered into the covenant heard that
each man should let his manservant, and each man should let his maidservant, go
free, and that none should enslave them any more, and they obeyed and let them
go free.
But
afterwards they relapsed and brought back the menservants and maidservants whom
they had let go free, and they subjugated them as menservants and maidservants.
(Yirmiyahu 8-11)
King
Tzidkiyahu, the last king of Yehuda, makes a covenant with the nation. According
to this covenant, everyone is required to free his (Hebrew) servants. The
forging of such a covenant tells us that a phenomenon of indentured servitude
was prevalent amongst Am Yisrael, contrary to the laws of the Torah. The
people listen to Tzidkiyahu and agree to free their servants. But some time
later, the masters violate the covenant and once again subject their former
servants to servitude.
What
is the background to this episode?
Tzidkiyahu
Tzidkiyahu,
the last king of Yehuda, ruled after the exile of Yehoyakhin the "exile of the
artisans of wood and metal," which involved most of the nation's elite: the king
and his household, the ministers, the valiant fighters, and the artisans.[1]
Tzidkiyahu
was a weak king; he was submissive towards his ministers and did not dare to act
in accordance with his own opinions, which were contrary to theirs.[2]
Having been placed in power by the Babylonians, with the intention that he would
be loyal to Babylon, he rebels against them, despite Yirmiyahu's repeated
warnings against this dangerous course of action. Yirmiyahu tells the people and
Tzidkiyahu to submit to Babylon, since it is God's will that the Babylonians
reign at this time, and anyone who opposes this is opposing God's will. To
Yirmiyahu's view, submission to Babylon means submission to God's will, and this
is the last and only hope to save Jerusalem from destruction.[3]
However, Tzidkiyahu ignores this advice and rebels, apparently under the
influence of the ministers whose power he is unable to
withstand.
As
punishment for this rebellion, the Babylonians lay siege to
Jerusalem:
"And
it was, in the ninth year of his reign, in the tenth month, on the tenth of the
month, that Nevukhadnetzar King of Babylon came he and all his host against
Jerusalem, and he camped against it and built a siege wall around
it.
So
the city was besieged, until the twelfth month of the reign of Tzidkiyahu." (II
Melakhim 25:1-2)
From
Sefer Yirmiyahu we know that at some point this siege was
eased:
"The
host of Pharaoh came out from Egypt, and the Chaldeans who were besieging
Jerusalem heard news of them, they departed from Jerusalem." (Yirmiyahu
37:5)
This
easing inspires among the people some hope that the Babylonians are gone for
good, but Yirmiyahu prophesies that they will return:
"
Behold, Pharaoh's host that has come out to help you will return to their
land, to Egypt.
And
the Chaldeans will once again wage war against this city, and capture it, and
burn it with fire.
So
says the Lord: Do not deceive yourselves, saying: The Chaldeans have left us
for they will not leave.
For
even if you were to smite the entire host of the Chaldeans, who wage war against
you, and there remained of them only wounded men, each man would still rise up
in his tent and burn this city with fire." (37:7-10)
All
that Yirmiyahu prophesies comes to be. The Babylonians bring back their siege,
which ends as we know with the destruction of Jerusalem and the Temple, and
the Babylonian exile:
"On
the ninth of the month, the hunger grew acute in the city, and there was no
bread for the people of the land.
And
the city was breached
And
he burned the House of God and the king's house and all the houses of Jerusalem,
and every great house he burned with fire.
All
the hosts of the Chaldeans that were with the captain of the guard pulled down
the walls of Jerusalem.
And
the rest of the people who remained in the city, and the fugitives that fell to
the king of Babylon, and the rest of the multitude, were carried away by
Nevuzaradan, the captain of the guard." (II Melakhim
25:3,4,9-11)
The
Covenant and its Violation
At
what point during this descent did the episode described in Yirmiyahu 34
take place? When was it that Tzidkiyahu forged a covenant concerning the freeing
of the indentured servants? And how much later did the former masters once again
subject their servants? Why did they let them go, and why did they subject them
again?
At
the end of the chapter we find a hint as to the timeframe of this
prophecy:
"And
Tzidkiyahu, King of Yehuda, and his ministers, I shall give into the hand of
their enemies, and into the hand of those who seek their lives, and into the
hand of the host of the king of Babylon, which has gone up from
you.
Behold,
I shall command says the Lord and I shall bring them back to this
city, and they shall wage war against it, and capture it, and burn it
with fire
." (21-22)
According
to these verses, it appears that the prophecy came during the time that the
Babylonian army was gone from Jerusalem. In other words, it was during the
easing of the siege. Yirmiyahu prophesied that the siege would be re-imposed,
and that Jerusalem would be captured.
The
re-imposition of servitude, then, appears to have taken place during the easing
of the siege.
How
long before that had the liberation of the servants taken
place?
The
liberation appears to have preceded the easing of the siege. It may have
happened during the first part of the siege, or perhaps even earlier.[4]
Why
was this covenant forged? Yirmiyahu gives no reasons for this initiative, but we
may posit that Tzidkiyahu and the people were fearful of the destruction that
was approaching, they were afraid of war with Babylon, and decided to try to
obey Yirmiyahu and repent. If this is so, then it was an attempt on Tzidkiyahu's
part to repair the state of the nation, to bring them to
repentance.
It
is possible that the liberation of the servants came in the wake of Yirmiyahu's
words to Tzidkiyahu, as recorded in Yirmiyahu 21:
"So
says the Lord: Execute judgment in the morning, and save him who is robbed from
the hand of his oppressor, lest My fury emerge like fire and burn, with none to
extinguish it, because of the evil of your doings." (12)
Why,
then, do the people once again subjugate their servants?
Perhaps,
when the siege was eased and the people were certain that they had been saved
from the Babylonians, they no longer saw any need to improve themselves, and so
they returned to their evil ways. This shows that the covenant did not arise
from a profound understanding of their mistakes, but rather was meant as a means
of saving themselves from God's punishment.
What
is God's response, as uttered by Yirmiyahu?
Firstly,
Yirmiyahu goes back and describes the freeing the servants, as well as the act
of their renewed subjugation (verses 12-16). Thereafter he describes the
punishment that awaits them as a result (verses 17-22).
Let
us set aside the description of the sin, for the moment, and consider the
punishment:
"Therefore,
so says the Lord: You did not listen to Me, each to proclaim liberty to his
brother, and each to his neighbor; behold, I proclaim liberty for you, says the
Lord, to the sword, to pestilence, and to famine, and I shall cause you to be
removed to all the kingdoms of the earth.
And
I shall give those men who have violated My covenant who did not fulfill the
words of the covenant which they forged before me, when they cut the calf in two
and passed between its parts.
The
princes of Yehuda and the princes of Jerusalem, the eunuchs, the kohanim, and
all the people of the land who passed through the parts of the
calf.
And
I shall give them into the hand of their enemies and into the hand of those who
seek their lives, and their carcasses shall be for food for the birds of the
heavens and for the beasts of the earth.
And
Tzidkiyahu King of Yehuda, and his ministers, I shall given into the hand of
their enemies, and into the hand of those who seek their lives, and into the
hand of the host of the king of Babylon, that has gone up from
you.
Behold,
I shall command says the Lord and I shall bring them back to this city, and
they shall wage war against it, and capture it, and burn it with fire, and I
shall make the cities of Yehuda desolate without inhabitant."
(34:17-22)
In
his prophecy, Yirmiyahu protests against the actions of the people and
prophesies that the act of subjugating the servants anew will cause the downfall
of Jerusalem at the hands of the Chaldeans. From these words of Yirmiyahu we may
deduce that had the covenant been honored, and had the people not subjugated the
servants again, there would have been some chance of being saved from the sword
or at least of limiting its devastation.
Why
is the specific sin of re-subjugating the servants regarded in such a severe
light?
Yirmiyahu,
in his prophecies, accuses the nation and its leaders of many sins, including
idolatry and various moral outrages. Why does he attribute such great importance
to the matter of the servants to the point of claiming that it is because of
this sin that Jerusalem is ultimately destroyed? Why does the matter of the
servants become, at the last minute before the destruction, the single factor
that tips the scales?
Let
us now examine the verses that we previously skipped over, in which Yirmiyahu
describes this sin:
"The
word of the Lord came to Yirmiyahu from the Lord, saying:
So
says the Lord God of Israel: I forged a covenant with your forefathers on the
day I took them out of the land of Egypt, from the house of bondage,
saying:
At
the end of seven years each man shall let his Hebrew brother go, who had been
indentured to you and who serves you for six years; you shall let him go free
from you. But your forefathers did not listen to Me, nor did they lend their
ears.
And
you had turned, this day, and done what was upright in My eyes, each man
proclaiming freedom to his neighbor, and making a covenant before Me in the
House upon which My Name is called.
But
you have relapsed and profaned My Name, each man bringing back his manservant
and each man his maidservant, whom you had allowed to go free, for their
pleasure, and you have brought them under your subjugation to be your
menservants and maidservants." (12:16)
Why
does Yirmiyahu go back and describe the sin after the text has already told us
the story in verses 8-11?
If
we take a close look at Yirmiyahu's words, we see that this is not a superfluous
repetition. Verses 8-11 focused on the story of the servitude; the story of what
happened. Verses 12-16 recall the deed, but with a very important addition: in
these verses, Yirmiyahu sets out the significance of the deed in the eyes of
God.
From
these verses we can understand why this particular episode was regarded by God
as being such a grave sin, to the point where the nation was worthy of having
Jerusalem destroyed because of it.[5]
Yirmiyahu's
description does not start with the story of the covenant in the days of
Tzidkiyahu. Rather, he goes all the way back to the commandment of freeing
servants as it appears in the Torah (Parashat Mishpatim, and in
Devarim 15).
But
before embarking on a description of the commandment itself, he starts by
saying: "I forged a covenant with your forefathers on the day I brought them out
of the land of Egypt." He emphasizes that the commandment concerning the freeing
of servants is not just a regular law; rather, it is a covenant. And not just a
regular covenant, either: it is a covenant that was forged "on the day I took
you out of the land of Egypt, from the house of bondage."
Thereafter,
Yirmiyahu speaks about the law itself: the command to let a Hebrew servant go
after six years, and the fact that "your forefathers" the previous generations
had not fulfilled this command.
Verse
15 describes the covenant that was made in the days of Tzidkiyahu in strongly
positive terms: "You had done what was upright in My eyes"; while verse 16
describes the act of renewed subjugation: "Each man bringing back his
manservant
." Here too, even before describing the act itself, Yirmiyahu points
out its deeper significance: "You have relapsed and profaned My Name
." The act
of renewed subjugation of the servants is a desecration of God's
Name.
Yirmiyahu's
words point to the crux of the problem, in God's eyes:
a.
The violation of a covenant and not just one covenant, but
two.
b.
Desecration of God's Name.
The
matter of the violation of the covenant therefore occupies a central place in
this sin. It is the hypocrisy and cynicism of the nation's acts that are
problematic.
Am
Yisrael
is perched at the edge of the abyss. At this critical moment it seems that they
"catch themselves" and understand that they need to mend their ways. They make a
covenant concerning the freeing of servants which may serve as an opening for
a more comprehensive move towards repentance, with a renewed connection between
the nation and God. This is their last chance.
When
they decide to violate this covenant, it becomes clear that there was never any
real attempt at repair. The freeing of the servants was merely a means of saving
themselves from punishment; it did not arise from a deeper understanding of the
inherent evil of their deeds.
The
severity of the violation of the covenant is emphasized in the number of times
that Yirmiyahu mentions the making and breaking of this
contract:
* As noted above, Yirmiyahu's description of the
sin begins specifically with the matter of the covenant.
* The word "covenant" is repeated six
times.
* The law of liberating servants is referred to
here as a "covenant." What covenant was there in the Torah concerning the
liberating of servants? The law of freeing a Hebrew servant after six years
appears in Parashat Mishpatim (Shemot 21) as well as in
Devarim 15. In both cases the law is presented like any other, with no
mention of any special covenant being made over it.[6]
* The covenant of Tzidkiyahu is describes in
detail: what exactly was said, and how the people passed between the
parts.
* Verses 18-20 summarize the sin and its
punishment: "I shall give the people who have violated My covenant
and I shall
give them into the hands of their enemies."
Thus,
it seems that the violation of the covenant is a central issue in the nation's
behavior.
Perhaps
it is not only the violation of the covenant that is so grave, but also the very
forging of such a covenant in the first place. This covenant testifies to the
nation's distorted view of the performance of the commandments in general, as
Yirmiyahu protests on many occasions. They regard the Temple service and the
commandments as external religious rites that can save them from punishment.
They do not understand the inner meaning of the laws, nor the connection between
religious rites and more general moral behavior that is connected to God.[7]
Hence,
this act of violating the covenant shows up the nation's hypocrisy; it testifies
that no change has taken place in their perception of Divine service and the
performance of the commandments. The subjugation anew of the servants is
regarded in such a serious light because it shows the nation's hypocritical
attitude towards the commandments in general. Even if they were to make a
covenant of repair with regard to some other law, and then went on to violate
it, the significance of their act would be equally grave.
Hence,
the gravity arises not from the issue of servitude but rather from the violation
of the covenant, which was their last chance for repair a chance that was
squandered. Aside from this, a covenant forged solely to save themselves from
punishment, and violated the moment that the tangible threat was removed,
testifies that the nation is oblivious to the significance of God's laws and is
not interested in real change and repair. There is no attempt to return to God
truly and wholeheartedly.
Servitude
Does
Yirmiyahu emphasize only the gravity of violating a covenant, or does he also
emphasize the severity of the act of subjugation itself?
Let
us examine his words again, paying attention to several important
points:
*
In verse 16, describing the profanation of God, the nation is not told,
"You profaned My Name by violating My covenant," but rather, "You profaned My
Name, bringing back each man his manservant
." In other words, the profanation
of God's Name is directly connected here to the subjugation. (Obviously,
violation of a covenant also represents a desecration of God's Name, but this
particular verse focuses on the offense inherent in the subjugation
itself.)
*
Yirmiyahu refers to the law of liberating servants as a "covenant" that
was forged with Am Yisrael at the time of the Exodus from Egypt. As
mentioned, the Torah does not present any specific covenant based solely on the
matter of servitude; rather, there is a covenant concerning all of the
commandments. Yirmiyahu chooses to highlight the law of liberating servants as a
covenant, so as to emphasize the importance of this law.
Verse
17 presents the punishment as corresponding to the sin, measure for measure:
"You did not listen to Me, each to proclaim liberty to his brother, and each to
his neighbor; behold, I proclaim liberty for you, says the Lord, to the sword,
to pestilence, and to famine
." According to this verse, the punishment comes
because the servants are not free. In other words, Yirmiyahu here presents the
servitude itself as the reason for the punishment.
*
The word "servant" (eved) appears ten times in this chapter; the
word "free" (chofshi) appears five times, and the word "freedom"
(deror) appears four times.[8]
It
is clear, then, that the subject of servitude is central to this narrative. It
is not only the violation of the covenant that is so serious, but also the
situation of servitude itself.
Why
is this so?
Let
us examine the subject of servitude in this week's parasha,
Mishpatim, and try to understand the seriousness of this issue and of
Yirmiyahu's prophecy of rebuke.
The
connection between Parashat Mishpatim and the Haftara from
Yirmiyahu is obvious. Parashat Mishpatim opens with the
commandment to free servants:
"And
these are the judgments which you shall place before them:
If
you acquire a Hebrew servant, he shall work for six years, and in the seventh
year he shall go out free, for nothing." (Shemot
21:1-2)
The
Haftara, as we have seen, tells about servitude during the period of
Tzidkiyahu.
Yirmiyahu
echoes the words of the Torah and commands that the servants be set free after
six years, noting that this commandment has not been
fulfilled.
In
light of Yirmiyahu's assertion that the servitude represents a violation of a
covenant, let us take another look at Parashat Mishpatim, where we
discover something interesting.
Parashat
Mishpatim,
too, concludes with the forging of a covenant:
"Moshe
wrote all of God's words, and he arose early in the morning and built an altar
at the foot of the mountain, with twelve monuments for the twelve tribes of
Israel.
And
he sent the young men of the children of Israel, and they offered up burnt
sacrifices and sacrificed peace offerings of oxen to the
Lord.
And
Moshe took half of the blood and placed it in basins, and [the other] half he
sprinkled upon the altar.
And
he took the book of the covenant and read it in the hearing of
the people, and they said: All that the Lord has spoken we shall do and we shall
hear.
And
Moshe took the blood and sprinkled it over the people, and he said: Behold,
the blood of the covenant which God has made with you
concerning all of these things." (24:4-8)
Thus,
the subject with which Parashat Mishpatim opens (servitude) and
the subject with which it concludes (the covenant) are the two central themes of
the Haftara.
Parashat
Mishpatim
is the first parasha of laws following the Revelation at Sinai
(Parashat Yitro). The parasha does go on to discuss a list
of other laws, but it opens with the subject of servitude and ends with the
covenant. Hence, while the covenant is admittedly more comprehensive, its
beginning and its heart pertain to servitude.
Why
does the Torah introduce the first collection of laws specifically with the
matter of the Hebrew servant?
Apparently,
the Torah attaches great importance to this law.[9]
Yirmiyahu,
too, attaches great importance to the law of liberating servants, when he
asserts that a covenant was made in this regard. According to the prophet, the
covenant concerning servitude was made with Am Yisrael "on the day I took
them out of the land of Egypt, from the house of bondage." Here Yirmiyahu
borrows the language of the first of the Ten Commandments:
"I
am the Lord your God Who took you out of the land of Egypt, from the house of
bondage." (Shemot 20:2)
The
commandment of liberating servants is inherently connected to the Exodus "from
the land of Egypt, from the house of bondage," and it is fundamentally connected
to faith in God.
Thus,
the Torah attaches great importance to the matter of servitude, and therefore
presents this subject as the introduction to this parasha of laws; and
from Yirmiyahu's rebuke, too, we deduce that servitude is an important component
in the covenant between God and Israel.
The
basis for the entire Torah is faith in God: "I am the Lord your God." This is
the first of the Ten Commandments. We do not read, "I am the Lord Who created
the world," but rather "Who took you out of the land of Egypt, from the house of
bondage." It is the emergence from slavery to freedom that allows a
person to connect fully with God. Freedom is the basis for the
fulfillment of the commandments. Only after emerging from slavery to freedom can
the Torah be accepted. A person who is subjgated to someone else cannot be fully
subjugated to God. This is true not only in the technical sense that his
master's demands interfere with the fulfillment of God's laws but also
in a psychological, spiritual sense: a slave cannot fully sense his dependence
on God so long as he is dependent on his human
master.
For
this reason, the Torah introduces Parashat Mishpatim the first
parasha of laws with the matter of the Hebrew servant.
An
indentured Hebrew servant is not completely subjugated. Numerous laws attest to
this, but the first law that appears in the Torah in this regard is the most
significant: a Hebrew servant is not subjugated forever, but only for a fixed
period of time.
The
moment that a servant is not a slave for perpetuity, his servitude is not real
slavery.
Even
in the case of a person who wants to continue serving his master forever, the
Torah does not encourage this:
"And
if the servant should say: I love my master and my wife and my children; I shall
not go free
Then
his master shall bring him to the judges, and bring him close to the door, or to
the doorpost, and his master shall pierce through his ear with an awl, and then
he shall serve him forever." (Shemot 21:5-6)
What
is the significance of piercing the servant's ear?
"Rabban
Yochanan ben Zakkai explains this verse like a packet. In what way is the ear
different from any other organ of the body [i.e., why is it specifically the ear
that is pierced?] The Holy One said: This ear, that heard My voice at Mount
Sinai, when I said, 'The children of Israel are slaves to Me'[10]
- not slaves to slaves, and nevertheless went and acquired itself a master it
shall be pierced."[11]
(Kiddushin 22b)
The
piercing of the ear, as Chazal understand it, is a sign that the Torah is
not happy with this situation of servitude.
Still,
even a servant who wants to continue his servitude, and has pierced his ear as
required, does not remain a servant literally "forever," but rather only up
until the Jubilee year.
The
commandment of the Jubilee year, in Vayikra 25, cancels the "permanent"
status of servitude.[12]
Once every fifty years, every Israelite goes free:
"You
shall sanctify the fiftieth year and proclaim liberty[13]
in the land for all of its inhabitants; it shall be a Jubilee unto you, and you
shall return, each man to his inheritance; and each man of you shall return to
his family
If
your brother who is with you grows poor, and he is sold to you, you shall not
compel him to work as a slave.
He
shall be like a hired servant as like a sojourner; until the Jubilee year he
shall serve with you.
And
he shall go out from you he and his sons with him and return to his family,
and he shall return to the inheritance of his forefathers.
For
they are My servants, whom I brought out of the land of Egypt; they shall not be
sold as slaves." (Vayikra 25:10,39-42)
Amongst
Am Yisrael there is no slavery for perpetuity, "for they are My slaves."
All of Israel is subjugated to God, and therefore none of them can be subjugated
to another person. The basis for subjugation to God is that every person is
free.
An
examination of the laws pertaining to indentured service shows that, in truth,
the concept of slavery does not exist at all amongst Am Yisrael. A Hebrew
servant is a worker, who enjoys special rights: his indenture is temporary (six
years) and is also dissolved by the Jubilee year, and during that time the
servant must enjoy the same conditions that the master receives: "With you in
eating and in drinking it should not be that you eat fine bread while he eats
coarse bread
" (Kiddushin 15a and 20a), to the extent that Chazal
declare, "Anyone who acquires himself a servant is like someone who acquires a
master for himself!" (Ibid.). It is forbidden to impose humiliating work
on the servant (Mekhilta de-Rabbi Yishmael, Mishpatim, 1).
A person sells himself into indenture only if he is so poor that he has nothing
at all (Rambam, Laws of Servants, 1:1). If a person steals, Beit Din may sell
him into indenture in order to facilitate his paying back what he owes. This
measure reflects a desire to educate the thief (as opposed to locking him up in
jail). For this reason, selling a person into indenture is a possibility only in
the case of theft; it is not applicable where a person has regular debts.[14]
Even in the case of theft, only a Beit Din is entitled to sell him; no one else
can,[15]
and only the thief himself can become a servant, not someone else from his
family[16]
(see Rambam, Laws of Servants, chapter 1). In the case of a Hebrew maidservant,
the girl is taken into indenture with the purpose of marriage: "If he designates
her for his son, then he shall treat her in the manner of daughters
and if he
does none of these three things for her, then she shall go out free, for no
money." (This accorded with the ancient practice whereby women were married at a
young age, for without the financial security of marriage they were doomed to
starve.)
The
Torah does not accept or recognize a reality of absolute subjugation of one Jew
by another Jew. As we learn from Parashat Mishpatim and its complement in
Yirmiyahu, such a situation is fundamentally opposed to God's will, and
also represents a violation of His covenant.
Servitude
as Violation of the Covenant
Let
us now return to the narrative in Yirmiyahu 34, and try to understand
better the violation of the covenant that is involved.
The
liberation of the servants is presented in Yirmiyahu as a covenant.
Having reviewed the subject of servitude, we can now understand what Yirmiyahu
means: while the covenant was admittedly made over all the commandments, the
basis for all of those commandment and for the fulfillment of the covenant
itself is a state of freedom. The same conclusion arises from the end of
Parashat Mishpatim: the covenant is made over all of the commandments,
but the first commandment of the list concerns servitude, since this is an
important, meaningful platform for the acceptance of the yoke of
Heaven.
Faith
in God is dependent upon "leaving the house of bondage" emerging from slavery
to freedom, and the first commandment of all the commandments comprising the
covenant, in Parashat Mishpatim, is that of liberating servants,
facilitating freedom for every person in Israel. This is the basis of the
covenant.
Against
this background, we can better understand the great severity with which
Yirmiyahu views the act of the nation. When servitude is a widespread phenomenon
in Israel, contrary to the laws of the Torah, the basis for faith in God is
removed. A state of servitude weakens the "I am the Lord
" in two
senses:
Firstly,
the servants are not free to be servants to God.
Secondly,
the masters themselves do not understand the significance of their own
subjugation to God; therefore they consider themselves "masters" who are able to
subjugate others. The fact that they allow themselves to subjugate other people
testifies to their failure to fulfill not only one commandment, but rather a
broader covenant.
If
the nation of Israel were to have upheld the covenant of freeing servants now, a
moment before the imminent destruction, perhaps this would have demonstrated
that they were ready to repent and to subjugate themselves to God. By bringing
back their servants they showed that they were "violating the covenant" not
only the covenant of Tzidkiyahu, but the broader, ancient covenant between
Israel and God.
The
very existence of servitude represents a violation of the covenant between God
and Israel. It is for this reason that Yirmiyahu regards this episode in such a
serious way, presenting the servitude as leading to
destruction.
Translated
by Kaeren Fish
[1] II
Melakhim 24:8-17
[2] This
fact is borne out by the story of Yirmiyahu being cast into the pit
(Yirmiyahu 37-38), when the ministers demand that he be silenced and
arrested and Tzidkiyahu is afraid of them and gives in, although it is clear
that he himself does wish to hear what Yirmiyahu has to
say.
[3] Yirmiyahu,
chapters 21, 25. The same idea is also repeated in chapters 28-29,
37-38.
[4] According to
Seder Olam Rabba, chapter 26, the covenant was forged in the seventh year
of Tzidkiyahu's reign.
[5] Obviously,
Jerusalem was not destroyed solely because of this sin. There had been an
accumulation of terrible sins over the course of many years. Nevertheless, in
this chapter, Yirmiyahu presents this particular episode as the straw that broke
the camel's back the final, decisive element.
[6] At
the end of Parashat Mishpatim there is, admittedly, a general covenant
concerning the observance of all the words of the Torah (Shemot 24:4-8),
and we may therefore conclude that any failure to fulfill one of the
commandments is considered a violation of a covenant. However, the covenant
concerns all of the laws, not only the freeing of servants. Nevertheless, Yirmiyahu takes pains to
emphasize that the matter of freeing servants involves a covenant, and that the
failure to fulfill this law represents a violation of a covenant (see at length
below).
[7] See
especially Yirmiyahu 7.
[8] The
word "free" also appears in the commandment in the Torah concerning the
liberation of servants, in Shemot 21 and in Devarim 15. The word
"freedom" (deror) appears only seven times in all of Tanakh, four
of which are here. The first appearance of this word is in the context of the
liberation of servants in the Jubilee (Yovel) year: "You shall proclaim
liberty in the land for all its inhabitants" (Vayikra
25:10).
[9] See
Ramban on Shemot 21:2 "The first 'judgment' concerns the Hebrew
servant, since the liberation of the servant serves
as a reminder of the Exodus
from Egypt, mentioned in the first of the Ten Commandments
and it also serves
as a reminder of the act of Creation
therefore it is appropriate that this law
appear first, since it is highly important, hinting at great matters of
Creation. And it is for this reason that the prophet [Yirmiyahu] is very strict
in this regard
and that exile was decreed because of
it
."
[10] This
verse appears in Vayikra 25, in the context of the Jubilee
(Yovel); see below.
[11] The Gemara
continues; "Rabbi Shimon ben Rebbi explained this verse like a packet: In what
way is the door, or the doorpost, different from any other part of the house?
The Holy One said: The door and the doorpost, which were witnesses in Egypt,
when I passed over the lintel and over the two doorposts and said, 'For the
children of Israel are slaves to Me' not slaves to slaves, and I brought them
out from slavery to freedom, and this one has gone and acquired a master for
himself let him be pierced in their presence."
[12] The
Vilna Gaon writes, in his Aderet Eliyahu: "'Forever' meaning literally
forever, except that in the section discussing the Jubilee year, the Torah
states that anyone who is sold [into servitude] in perpetuity is freed
." The
Meshekh Chokhma offers a similar view.
[13] As
noted, the word "freedom" (deror), which appears here for the first time,
appears four out of a total of seven times (in all of Tanakh) in
Yirmiyahu 34. Tzidkiyahu's covenant was like a Jubilee, because it was
decided that all the servants would be liberated at the same time, as in a
Jubilee year. The Jubilee was not observed in Tzidkiyahu's time because it
applies only when all of Am Yisrael is living in the land. During
Tzidkiyahu's time, most of the nation had already been
exiled.
[14] In
contrast to the situation encountered by Elisha, in II Melakhim 4, where
people are indentured because of debt: "A woman, one of the wives of the
children of the prophets, cried out to Elisha, saying: Your servant, my husband,
has died; you know that your servant feared God, but the creditor has come to
take my two children to himself as servants."
[15] In
contrast to the situation in note no. 14, where it is the creditor who "takes"
the children as servants.
[16] In Elisha's
case, it is the two children who are taken as
servants.