Mishpatim: Mercy, Mercy!

by Rav Moshe Leib HaCohen Halbershtadt, Founder and Director of YORU Jewish Leadership, yeshiva.org.il, translated by Hillel Fendel.

This week's Torah portion of Mishpatim (Sh'mot, chapters 21-24), which follows the grand Giving of the Torah at Mt. Sinai, begins unexpectedly with the technical laws of a Hebrew slave: "If you should purchase a Hebrew slave, for six years he shall work for you, and in the seventh year he shall go free" (21,1).

Why does the Torah choose to begin its legal section of various detailed laws regarding torts, damages and the like with the Hebrew slave (eved ivri), of all topics? It could have started, for instance, with, "Love your neighbor as yourself" (Vayikra 19,8), which R. Akiva said is a "great principle of the Torah," and which is a primary fundamental on which the entire Torah stands (Shabbat 31a). Why do the laws begin with the Hebrew slave?!
Our holy Torah specifically began its laws with those of eved ivri in order to teach us the basis of all the laws of the Torah, which is that we may never forget the "heart." We must always strive to combine the trait of compassion with that of strict judgement, and to thus form a more perfect world – in remembrance of both the Exodus from Egypt and the creation of the world.

Rabbeinu Baḥye, a great Torah scholar and commentator in Spain (1255–1340), explains [paraphrased]: "The Torah begins with this law because the Hebrew slave is a testament to both the Exodus from Egypt and the creation of the world. It recalls the Exodus, in that the Israelites were slaves in Egypt and G-d took them out to be slaves to Him alone, as is written (Vayikra 25,55), "For the children of Israel are My slaves" – My slaves whom I brought out of Egypt. The laws of the eved ivri are first, just as the Ten Commandments begin with the fact that G-d "brought you out of the land of Egypt, from a house of slaves" (Sh'mot 20,2).

"And it also recalls the creation of the world," Rabbeinu Baḥye continues, "just as the Sabbath is a remembrance of Creation, for G-d created His world in six days and the seventh is a day of rest – and the Hebrew slave is also a remembrance of Creation, in that his seventh year is one of rest from his master, just like the seventh day of the week – and all the sevenths are special: the Sabbath day, and the Sh'mitah year, and the seventh Sh'mitah year which brings on the Jubilee; all of this is one great principle from one source, the secret of history, mentioned in the story of Creation in B'reshit (1,1-2,3)."

Rabbeinu Baḥye is telling us that the eved ivri is a symbol of two great principle of faith in G-d. The forerunner to the Shulchan Arukh – the Baal HaTurim – makes the same point (O.C. 625): "Scriptures hinged the mitzvah of Sukkah, and many other mitzvot, on the Exodus, because the Exodus is something that we saw with our own eyes and heard with our own ears [and was passed down through the generations], something that no one can deny; it teaches the truth of the existence of the Creator, that He created all according to His will, and that He has the power and ability in the upper and lower spheres to act with them as He pleases, as He did with us when He extricated us from Egypt with great miracles and wonders."

The Sefer HaChinukh, too, in Mitzvah 26, explains why we recite Kiddush on the Sabbath "in remembrance of Creation." It is in order that we realize through this to remember the greatness of this Sabbath day, and set in our hearts our belief in the creation ex nihilo of the world.

However, there is yet another, deeper layer to this idea. A Hebrew slave is one who was so destitute that he had no choice but to sell himself into slavery, or was sold into slavery because he stole and could not repay what he took. He is thus on the bottom of human society, having been forced into giving up his freedom and basic dignity. The Torah therefore began its litany of laws with the Hebrew slave in order that we remember that we, too, were once in that position, enslaved and humiliated in Egypt. Thus we will identify with the pain of those who are on the bottom levels of society, and show compassion towards them, and do all we can to rehabilitate them. And during their six years of servitude, we will respect them; the master is commanded to treat him with special honor, such as not serving him wine or bread of lesser quality than his own, and other such laws, to the point that the Gemara says, "Whoever acquires a Hebrew slave is like one who has acquired a master over himself" (Kiddushin 20a).  When he is sent free, the master must give him gifts, and he then returns to being a slave only to G-d. This is in remembrance of Creation, which was effected with the trait of compassion (see Rashi to B'reshit 1,1, as well as 2,4).