Mishpatim: What to make of slavery in Torah

בָּרוּךְ אַתָּה ה׳ אֱלֹהֵינוּ מֶלֶך הָעוֹלָם אֲשֶׁר קִדְּשָנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לַעֲסוֹק בְּדִבְרֵי תוֹרָה

בְּרוּךֶ אַתֶה חֲוָיָה שְׁכִינּוּ רוּחַ הָעוֹלָם אֲשֶׁר קִדַשְׁתַנוּ בְּמִצְוֹתֶיהֶ וְצִוְתָנוּ לַעֲסוֹק בְּדִבְרֵי תוֹרָה

בְּרוּכָה אַתְּ יָהּ אֱלֹהָתֵינוּ רוּחַ הָעוֹלָם אֲשֶׁר קֵרְבָתְנוּ לַעֲבוֹדָתָהּ וְצִוְתָנוּ לַעֲסוֹק בְּדִבְרֵי תוֹרָה

Blessings for learning and studying Torah

Berakhot 11b:

Barukh atah Adonai Eloheinu melekh ha’olam asher kid’shanu b’mitzvotav v’tzivanu la’asok b’divrei Torah

Nonbinary Hebrew Project:

B’rucheh ateh Khavayah Shekhinu ruach ha’olam asher kidash’tanu b’mitzvotei’he v’tziv’tanu la’asok b’divrei Torah

Feminine God Language:

Brukhah at Ya Elohateinu ruach ha’olam asher keir’vat’nu la’avodatah v’tziv’tavnu la’asok b’divrei Torah

כִּ֤י תִקְנֶה֙ עֶ֣בֶד עִבְרִ֔י שֵׁ֥שׁ שָׁנִ֖ים יַעֲבֹ֑ד וּבַ֨שְּׁבִעִ֔ת יֵצֵ֥א לַֽחׇפְשִׁ֖י חִנָּֽם׃ אִם־בְּגַפּ֥וֹ יָבֹ֖א בְּגַפּ֣וֹ יֵצֵ֑א אִם־בַּ֤עַל אִשָּׁה֙ ה֔וּא וְיָצְאָ֥ה אִשְׁתּ֖וֹ עִמּֽוֹ׃ אִם־אֲדֹנָיו֙ יִתֶּן־ל֣וֹ אִשָּׁ֔ה וְיָלְדָה־ל֥וֹ בָנִ֖ים א֣וֹ בָנ֑וֹת הָאִשָּׁ֣ה וִילָדֶ֗יהָ תִּהְיֶה֙ לַֽאדֹנֶ֔יהָ וְה֖וּא יֵצֵ֥א בְגַפּֽוֹ׃ וְאִם־אָמֹ֤ר יֹאמַר֙ הָעֶ֔בֶד אָהַ֙בְתִּי֙ אֶת־אֲדֹנִ֔י אֶת־אִשְׁתִּ֖י וְאֶת־בָּנָ֑י לֹ֥א אֵצֵ֖א חׇפְשִֽׁי׃ וְהִגִּישׁ֤וֹ אֲדֹנָיו֙ אֶל־הָ֣אֱלֹהִ֔ים וְהִגִּישׁוֹ֙ אֶל־הַדֶּ֔לֶת א֖וֹ אֶל־הַמְּזוּזָ֑ה וְרָצַ֨ע אֲדֹנָ֤יו אֶת־אׇזְנוֹ֙ בַּמַּרְצֵ֔עַ וַעֲבָד֖וֹ לְעֹלָֽם׃ {ס}
When you acquire a Hebrew slave, that person shall serve six years—and shall go free in the seventh year, without payment. If [a male slave] came single, he shall leave single; if he had a wife, his wife shall leave with him. If his master gave him a wife, and she has borne him children, the wife and her children shall belong to the master, and he shall leave alone. But if the slave declares, “I love my master, and my wife and children: I do not wish to go free,” his master shall take him before God. He shall be brought to the door or the doorpost, and his master shall pierce his ear with an awl; and he shall then remain his master’s slave for life.
כִּֽי־יִמָּכֵ֨ר לְךָ֜ אָחִ֣יךָ הָֽעִבְרִ֗י א֚וֹ הָֽעִבְרִיָּ֔ה וַעֲבָֽדְךָ֖ שֵׁ֣שׁ שָׁנִ֑ים וּבַשָּׁנָה֙ הַשְּׁבִיעִ֔ת תְּשַׁלְּחֶ֥נּוּ חׇפְשִׁ֖י מֵעִמָּֽךְ׃ וְכִֽי־תְשַׁלְּחֶ֥נּוּ חׇפְשִׁ֖י מֵֽעִמָּ֑ךְ לֹ֥א תְשַׁלְּחֶ֖נּוּ רֵיקָֽם׃ הַעֲנֵ֤יק תַּעֲנִיק֙ ל֔וֹ מִצֹּ֣אנְךָ֔ וּמִֽגׇּרְנְךָ֖ וּמִיִּקְבֶ֑ךָ אֲשֶׁ֧ר בֵּרַכְךָ֛ יְהֹוָ֥ה אֱלֹהֶ֖יךָ תִּתֶּן־לֽוֹ׃ וְזָכַרְתָּ֗ כִּ֣י עֶ֤בֶד הָיִ֙יתָ֙ בְּאֶ֣רֶץ מִצְרַ֔יִם וַֽיִּפְדְּךָ֖ יְהֹוָ֣ה אֱלֹהֶ֑יךָ עַל־כֵּ֞ן אָנֹכִ֧י מְצַוְּךָ֛ אֶת־הַדָּבָ֥ר הַזֶּ֖ה הַיּֽוֹם׃ וְהָיָה֙ כִּֽי־יֹאמַ֣ר אֵלֶ֔יךָ לֹ֥א אֵצֵ֖א מֵעִמָּ֑ךְ כִּ֤י אֲהֵֽבְךָ֙ וְאֶת־בֵּיתֶ֔ךָ כִּי־ט֥וֹב ל֖וֹ עִמָּֽךְ׃ וְלָקַחְתָּ֣ אֶת־הַמַּרְצֵ֗עַ וְנָתַתָּ֤ה בְאׇזְנוֹ֙ וּבַדֶּ֔לֶת וְהָיָ֥ה לְךָ֖ עֶ֣בֶד עוֹלָ֑ם וְאַ֥ף לַאֲמָתְךָ֖ תַּעֲשֶׂה־כֵּֽן׃
If a fellow Hebrew man—or woman—is sold to you, he shall serve you six years, and in the seventh year you shall set him free. When you set him free, do not let him go empty-handed: Furnish him out of the flock, threshing floor, and vat, with which your God יהוה has blessed you. Bear in mind that you were slaves in the land of Egypt and your God יהוה redeemed you; therefore I enjoin this commandment upon you today. But should he say to you, “I do not want to leave you”—for he loves you and your household and is happy with you— you shall take an awl and put it through his ear into the door, and he shall become your slave in perpetuity. Do the same with your female slave.
וְכִֽי־יָמ֥וּךְ אָחִ֛יךָ עִמָּ֖ךְ וְנִמְכַּר־לָ֑ךְ לֹא־תַעֲבֹ֥ד בּ֖וֹ עֲבֹ֥דַת עָֽבֶד׃ כְּשָׂכִ֥יר כְּתוֹשָׁ֖ב יִהְיֶ֣ה עִמָּ֑ךְ עַד־שְׁנַ֥ת הַיֹּבֵ֖ל יַעֲבֹ֥ד עִמָּֽךְ׃ וְיָצָא֙ מֵֽעִמָּ֔ךְ ה֖וּא וּבָנָ֣יו עִמּ֑וֹ וְשָׁב֙ אֶל־מִשְׁפַּחְתּ֔וֹ וְאֶל־אֲחֻזַּ֥ת אֲבֹתָ֖יו יָשֽׁוּב׃ כִּֽי־עֲבָדַ֣י הֵ֔ם אֲשֶׁר־הוֹצֵ֥אתִי אֹתָ֖ם מֵאֶ֣רֶץ מִצְרָ֑יִם לֹ֥א יִמָּכְר֖וּ מִמְכֶּ֥רֶת עָֽבֶד׃
If your kin under you continue in straits and must be given over to you, do not subject them to the treatment of a slave. Remaining with you as a hired or bound laborer, they shall serve with you only until the jubilee year. Then they, along with any children, shall be free of your authority; they shall go back to their family and return to the ancestral holding.— For they are My servants, whom I freed from the land of Egypt; they may not give themselves over into servitude.—

Tamara Cohn Eshkenazi and Andrea L. Weiss, "The Torah: A Women's Commentary," pg. 429

Whereas the Israelites were subject to coercive labor in Egypt, this passage describes a more restricted form of indentured service, also called debt-slavery. An Israelite might be reduced to indentured servitude because of extreme poverty, debt, or in restitution for theft; the individual was not chattel owned by the master.

Albert D. Friedberg, "Who Is the Eved Ivri?," https://www.thetorah.com/article/who-is-the-eved-ivri

The Rabbis identify the ivri (Hebrew) in Exodus and (the slightly variant laws) in Deuteronomy (15:12-18) slave as an Israelite free man who has been sold by the courts to make restitution for theft. This interpretation is based on the need to harmonize these laws of the Hebrew slave with those in Leviticus 25:39-55, which describe the process of debt servitude of one’s fellow, and declares that he must be freed at the jubilee year. [...]

The rabbis assume that two contradictory laws of Israelite servitude must be about two different types of servitude, one for debt (Leviticus) and the other for theft (Exodus and Deuteronomy).

Shmuel Rabinowitz, "Parshat Mishpatim: What does the Torah have to say about slavery?" https://www.jpost.com/magazine/parshat-mishpatim-what-does-the-torah-have-to-say-about-slavery-579315

The Torah indeed sees slavery as a problematic phenomenon. The Torah declares about the Jewish slave: “For they are My servants, whom I brought out of the land of Egypt; they shall not be sold as a slave is sold” (Leviticus 25:42). Even the slavery the Torah allows is not standard slavery. A Jewish slave is only a long-term hired worker, not the property of the master, since he is the slave of God. And the enslavement of a Jew does not leave him devoid of human rights.

Actually, if we look at the laws of slavery in Mishpatim, we find that they try to make the conditions and status of the slave better. A Jewish slave is automatically freed after six years of slavery; even if he chooses of his own volition to remain in his master’s house, he is freed during the 50th year of jubilee. A Jewish maidservant must be freed by the master when she reaches adolescence, unless he or his son marries her and gives her all the rights of a legal wife. A master who hits a non-Jewish slave gets the death penalty. If a master causes his slave to lose a tooth or hurts his eye, the slave is freed, which stands in contrast to what was customary in the ancient world.

שֶׁלֹּא תְּהֵא אַתָּה אוֹכֵל פַּת נְקִיָּה וְהוּא אוֹכֵל פַּת קִיבָּר, אַתָּה שׁוֹתֶה יַיִן יָשָׁן וְהוּא שׁוֹתֶה יַיִן חָדָשׁ, אַתָּה יָשֵׁן עַל גַּבֵּי מוֹכִים וְהוּא יָשֵׁן עַל גַּבֵּי הַתֶּבֶן. מִכָּאן אָמְרוּ: כׇּל הַקּוֹנֶה עֶבֶד עִבְרִי כְּקוֹנֶה אָדוֹן לְעַצְמוֹ.
The baraita continues: This means that there shall not be a situation in which you eat fine bread and he eats inferior bread [kibbar], bread from coarse flour mixed with bran, which is low quality. There shall not be a situation in which you drink aged wine and he drinks inferior new wine. There shall not be a situation in which you sleep comfortably on bedding made from soft sheets and he sleeps on straw. From here the Sages stated: Anyone who acquires a Hebrew slave is considered like one who acquires a master for himself, because he must be careful that the slave’s living conditions are equal to his own.

Jonathan Sacks, "The Slow End of Slavery," https://rabbisacks.org/covenant-conversation/mishpatim/the-slow-end-of-slavery/

What is fascinating is not only what it says but what it doesn’t say.

It doesn’t say: abolish slavery. Surely it should have done. Is that not the whole point of the story thus far? Joseph’s brothers sell him into slavery. He, as the Egyptian viceroy Tzofenat Paneach, threatens them with slavery. Generations later, when a pharaoh arises who “knew not Joseph,” the entire Israelite people become Egypt’s slaves. Slavery, like vengeance, is a vicious circle that has no natural end. Why not, then, give it a supernatural end? Why did God not say: There shall be no more slavery?

The Torah has already given us an implicit answer. Change is possible in human nature but it takes time: time on a vast scale, centuries, even millennia. There is little doubt that in terms of the Torah’s value system the exercise of power by one person over another, without their consent, is a fundamental assault against human dignity.

Aviva Richman, "Undoing Slavery and Acquiring Ourselves," https://www.hadar.org/torah-tefillah/resources/undoing-slavery-and-acquiring-ourselves#1

The law of “when you acquire a Hebrew slave” signals to the recently redeemed Hebrew slaves that one day some of them will inhabit power over their own, and some of them will be subject to each other. While imaging this in the recent wake of Egyptian slavery should be horrifying (as we saw, the Torah writes this “against its will”), it would be wrong to pretend that the reality of power imbalance won’t reemerge. There is only one way to wield power to create a world without oppression. Power must be a means of empowerment, with a clear timeline and clear parameters along the way. When we acquire, we must acquire like God, not like Pharoah. This law comes as the climax of the extended narrative of God acquiring Hebrew slaves so as to free them, and God’s acquisition offers a radically different way to inhabit and experience power. Whether as the one who holds structural power, or one who feels bound by the structural power of others, there must be a shared vision of power that leads to greater freedom, and paves the way for the creative expression of a full self. We live this pattern weekly on Shabbat, experiencing how God lets go, allowing us to create ourselves anew. This mindset must inform every day of our lives.