A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Sefer Hachinuch

Misva #348: Not Allowing a Jewish Servant to Remain in the Service of a Non-Jew

Lectured by Rabbi Eli Mansour

Published
December 19, 2022
Duration
06:02

Lecture Text

The Torah in Parashat Behar (Vayikra 25:53) addresses the situation of a Jew who falls into financial straits, and decides to sell himself as a servant to a non-Jewish master. In such a situation, the Torah commands, “Lo Yirdenu Be’ferech Le’enecha” – the gentile master may not impose harsh labor upon the servant before our eyes. This means that if we learn of a fellow Jew whose gentile master imposes upon him “Abodat Perech” – harsh work, then we must rescue him from the master.

The term “Abodat Perech,” as was discussed in the context of a different Misva, refers to not only physically harsh labor, but also tasks that cause emotional distress, such as open-ended jobs, and jobs which are not needed but are demanded simply to cause the servant to work. When we hear of a fellow Jew subjected to such conditions under a gentile master, we are required to do what we can to bring him to freedom. We may not decide that since this Jew made the mistake of selling himself into the gentile’s service, we have no responsibility to rescue him, and we can let him suffer the consequences of his poor decision. The Torah commands that although this Jew is to blame for the adverse situation in which he finds himself, we nevertheless bear the obligation to help him.

The Sefer Ha’hinuch emphasizes that the prohibition is to allow the Jew to remain in servitude “Le’enecha” – before our eyes, implying that this applies only if we hear of a Jew in this situation. We are not obligated to search and investigate to find Jews who work as servants for gentiles; it is only when such a situation comes to our attention that we bear the obligation to rescue the servant and extricate him from his state of servitude.

Some sources indicate that this command is directed to Bet Din, the nation’s religious leadership. The Sefer Ha’hinuch, however, understood that this command is directed to each and every Jew, both male and female, who is in a position to rescue the servant. He writes that this Misva applies only in times when the Jews have sovereignty and the authority to compel non-Jewish masters to release their servants. One who fails to extricate the Jewish servant in times when this Misva applies has transgressed this prohibition, though he is not liable to Malkut, because this prohibition is transgressed without performing an action (“Lav She’en Bo Ma’aseh”).

The Rambam, in Hilchot Matenot Aniyim (8:10), points to this command as a source for the Misva of Pidyon Shebuyim – rescuing Jewish captives. Anytime a Jew is taken captive, those who are in a position to rescue him have an obligation to do so.

A number of commentators noted that whenever a Jew is in the service of a gentile master, there is a Misva to bring him out of this condition, even if the master is not imposing upon him harsh labor. Apparently, the Torah introduces an additional Misvat Lo Ta’aseh (prohibition) that applies to the specific circumstances of a Jewish servant who is bring mistreated by his gentile master.

While the technical aspect of this Misva – rescuing a Jew who is in the service of a non-Jew – does not apply nowadays, the underlying principle most certainly does. This Misva shows us the responsibility we have to help our fellow Jews even when they are to blame for their situation. Even if somebody caused his own downfall, we are obligated to assist him if we can. Indeed, many of our fellow Jews have, unfortunately, given themselves over to “masters” who cause them great harm – such as alcohol, drugs, gambling, and other addictive behaviors. We do not have the right to say that since they are to blame for engaging in these addictive habits in the first place, we have no obligation to help them. The Torah here teaches of our responsibility to extricate our fellow Jews from subservience even if they had placed themselves in this position. And thus when we see or hear of, Heaven forbid, a fellow Jew suffering under the “servitude” of addiction, of any kind, we are dutybound to do whatever we can to ensure that he receives the help he needs to regain his freedom.