Perashat Mishpatim and the Concept of Slaves

By Victor Bibi Mishpatim

The Decent and Elevations of the Slaves 

The term for slave is עבד a direct derivative of the verb עבד - to work. We are already aware that the commandments are divine and reflect something parallel to the conditions which exist in the spiritual realm. So what exactly is the slave to accomplish spiritually by working as a slave here in this world. In order to get a better view of the matter we need to take note that there are a number of classes of slaves. These include עבד כנעני - עבד עברי - with each having its own particular set of work requirements to effect something in the celestial realm. All slaves have one thing in common - namely that their status as a slave is reflective of a spiritual state that needs to be elevated. During the term of service they will be required to physically work according to the dictates of the הלכה - in order to elevate spiritual sparks that either descended with them or that exist in a lower state. We will discuss three classes of slaves - detailing how and what they are to elevate spiritually during their tenure of servitude. These are in ascending order עבד כנעני - an alien slave; עבד עברי - a hebrew slave: עבד מצרי - the Jews during servitude in Egypt; There is technically a fourth elevated class which we will also mention - known as עובדי ה׳ - The Jews as servants of Hashem after their settlement in the land. We will see that while the Alien slave or the עבד כנעני must elevate himself; the other three are or were required to elevate sparks upwards - to conform with the biblical dictum not to ascend from "slavery" or עבדות empty handed or ריקם - That latter expression representing the biblical code to bring forth holiness from the the spiritual state of slavery to freedom.

The Alien Slave

The עבד כנעני - has his source in the curse of Canaan - the grandson of Noah. Beresheet (9) provides us with some background into the roots of slavery. It is apparent from the biblical source that the sin of (Ham) Canaan is associated with ערוה - in that "he saw his father's nakedness and that he told this to his brothers outside." Rabbinic exegesis attributes great sinfulness to this act (TB San 70; TJ Taanit 1:6). The Talmud teaches that Canaan's last will and testament included instructions to his children to love robbery and lewdness. The Sages (BR 36:6) teach that חם was punished and that his descendants were lead into exile (See Yishaya 20:4) with their buttocks uncovered. In the classification of slaves it is apparent that the Torah considers כנען - "the lowest of slaves to his brothers" - In this state the של״ה teaches "Gentile slaves originate from a state of ארור - and by being the slave of a Jew - he can be elevated to join the ranks of the blessed." We can learn that it is the exposing of ערוה - that resulted in slavery - and his תקון - is not to elevate Sparks but rather to elevate himself via his semi conversion and then service of a Jew as an עבד כנעני Alien slave.

Hebrew Slave 

Our parasha opens with the ruling associated with an עבד עברי - a hebrew slave. We will focus on one who enters this class of slavery by order of the בית דין - He is sold by the court as a thief who is unable to make restitution for his theft. R. HaAri explains (TM) that he is to descend spiritually and then work for six years to rectify annually one of the six blemished spiritual channels. The Torah teaches that in the seventh year he is to ascend from the lowly spiritual state. Devarim (15) instructs that he is not to be sent out without the sparks that has elevated via his servitude - לא תשלחו ריקם - He must not leave empty handed. The Talmud (Kiddushin) teaches that he must be given a severance - called biblically ענקה - as the Torah teaches that the slave upon his ascent must be given מצאנך מגרנך ומיקבך - Specifically (3) things that are endowed with blessing by their own nature that grow and multiply by themselves. This of course is the physical manifestation of the sparks of holiness he has to bring forth from his lowly state of slavery. How did this עבד עברי descend? Rashi quoting our Sages points out that the Parasha opens with ואלה משפטים - And these are the rulings - This he notes is to attach the portion of יתרו with משפטים - It appears to me that the Sages intended to attach the final ruling in Yitro with the initial one in Mishpatim. The last verse in יתרו reads that "the nakedness of the Kohanim not be revealed on the ramp of the altar - לא תגלה ערותך עליו - Juxtaposed is the law in משפטים of עבד עברי - thereby connecting the magnet of ערוה to that of עבדות - Didn't we say that the עבד descended as a result of theft? Perhaps so - but the Sages (Makkot 23 / Hagigah 11) have linked theft with immorality. They teach that both constitute what a person desires and covets - גזל ועריות שנפשו של אדם מתאוה להם - The Talmud goes in to group their reward - so perhaps we can associate their blemish as well. Furthermore - כנען the prototypical עבד had linked the two ills in his testament to his children.

We Were Slaves in Egypt 

The Jews were sent to be slaves in Egypt. R. HaAri teaches that their descent was for them to bring forth a spiritual רכוש גדול - as was promised Abraham. When the brothers descended upon Egypt to secure food - Yosef (Ber 42) refers to Egypt as ערות הארץ - The Rabbi's associating this with the immorality of the place. The brothers acknowledge to him that they are indeed עבדים - After a few centuries the Jews leave Egypt - They are commanded not to leave empty handed (3) והיה כי תלכון לא תלכו ריקם - You must gather up the sparks - this time in the form of Gold Silver and Clothing - These will be elevated and be used in the Mishkan. We see again the association of ערוה with slavery - and that the ascent upwards must not be ריקם - It must be accompanied by the קדושה in the particular form found below. It is interesting to note that a Misva associated with יציאת מצרים - is פדיון הבן - In this perpetual commandment we are taught כל בכור בניך תפדה ולא יראו פני ריקם - You must continually redeem the sparks of Egypt via this Misva and do not leave empty handed. It is interesting to note that R. Meir (Kid 17) connects the severance pay of a slave to the redemption money of the Pidyon.

Servant of God 

The highest level of slavery is to be an עבד ה׳ - In Shemot 23:17, 34:23 and Devarim 16:16 we are told with minor variations in syntax that three times a year all males must appear before ה׳ - In the two initial sources - ה׳ is referred to as אדון - a Master - Connoting of course that we are his slaves. Though we have not descended to a lowly state - we are nevertheless required to elevate and bring forth sparks to accompany ourselves on our ascent to experience the face of the King. Hence the verse reminds us as slaves ולא יראה פני ה׳ ריקם - We are not to ascend to the Temple Mount empty handed. We must ascend three times a year on the שלש רגלים - no doubt corresponding to the three references of severance that the עבד עברי must ascend with while exiting his years of servitude.