The Rights and Duties of Citizenship

Sources from essay by Rabbi Seth M. Limmer in The Social Justice Torah Commentary

(טו) הַקָּהָ֕ל חֻקָּ֥ה אַחַ֛ת לָכֶ֖ם וְלַגֵּ֣ר הַגָּ֑ר חֻקַּ֤ת עוֹלָם֙ לְדֹרֹ֣תֵיכֶ֔ם כָּכֶ֛ם כַּגֵּ֥ר יִהְיֶ֖ה לִפְנֵ֥י יְהֹוָֽה׃ (טז) תּוֹרָ֥ה אַחַ֛ת וּמִשְׁפָּ֥ט אֶחָ֖ד יִהְיֶ֣ה לָכֶ֑ם וְלַגֵּ֖ר הַגָּ֥ר אִתְּכֶֽם׃ {פ}
(15) the rest of the congregation. There shall be one law for you and for the resident stranger; it shall be a law for all time throughout the ages. You and the stranger shall be alike before יהוה; (16) the same ritual and the same rule shall apply to you and to the stranger who resides among you.
(כט) הָֽאֶזְרָח֙ בִּבְנֵ֣י יִשְׂרָאֵ֔ל וְלַגֵּ֖ר הַגָּ֣ר בְּתוֹכָ֑ם תּוֹרָ֤ה אַחַת֙ יִהְיֶ֣ה לָכֶ֔ם לָעֹשֶׂ֖ה בִּשְׁגָגָֽה׃
(29) For the citizen among the Israelites and for the stranger who resides among them—you shall have one ritual for anyone who acts in error.

One fundamental truth of Parashat Sh'lach L'cha is that the stranger and the citizen should be bound by the same law. From a social perspective, we learn that polities have long been composed of citizens and strangers, of "insiders" and "outsiders." From a social justice perspective, we learn that Judaism demands equity before the law even, or perhaps especially, for those members of any nation who are not official citizens. In order for us to understand the implications of this principle for immigrants and resident aliens, we must first understand the related rights and duties of the citizen. Numbers is intertwines the fates of citizens and strangers.

The Hebrew here translated as "stranger," ger, literally means "sojourner," one not at home among a land's citizens and thus not necessarily protected by its practices. As Jacob Milgrom explains, the Hebrew ger specifies "a man [sic] of another tribe or district who, coming to sojourn in a place where he was not strengthened by the presence of his own kin, put himself under the protection of a clan or of a powerful chief." A stranger is thus reliant upon citizens for certain safeguards. By contrast, an ezrach, or "citizen," is a native member of a society, born into its protections and prohibitions. Those are the protections Numbers 15 commands the citizen to extend to the stranger. But before we can see what this means for the stranger, we need to examine what it means to be a citizen.

-Rabbi Seth M. Limmer

(לו) ...אֲנִי֙ יְהֹוָ֣ה אֱלֹֽהֵיכֶ֔ם אֲשֶׁר־הוֹצֵ֥אתִי אֶתְכֶ֖ם מֵאֶ֥רֶץ מִצְרָֽיִם׃ (לז) וּשְׁמַרְתֶּ֤ם אֶת־כׇּל־חֻקֹּתַי֙ וְאֶת־כׇּל־מִשְׁפָּטַ֔י וַעֲשִׂיתֶ֖ם אֹתָ֑ם אֲנִ֖י יְהֹוָֽה׃ {פ}

(36) ...I יהוה am your God who freed you from the land of Egypt. (37) You shall faithfully observe all My laws and all My rules: I am יהוה.

Judaism has long understood that to be a member of our community is first to be free and then to be as entitled to rights as one is enjoined by responsibilities.

-Rabbi Seth M. Limmer

נָשִׁים וַעֲבָדִים שֶׁאֵינָן מְשׁוּחְרָרִים וְכוּ׳. בִּשְׁלָמָא נָשִׁים כְּדַאֲמַרַן, אֶלָּא עֲבָדִים מְנָלַן? אָמַר רַב הוּנָא, אָמַר קְרָא: ״אֶל פְּנֵי הָאָדוֹן ה׳״ — מִי שֶׁאֵין לוֹ אֶלָּא אָדוֹן אֶחָד, יָצָא זֶה שֶׁיֵּשׁ לוֹ אָדוֹן אַחֵר.

§ The mishna taught that women and slaves who are not emancipated are exempt from the mitzva of appearance. The Gemara asks: Granted, women are exempt, as we said earlier that this is derived from the phrase: “Your males.” However, with regard to slaves, from where do we derive that they are exempt? Rav Huna said that the verse states: “Before the Lord God” (Exodus 23:17). This indicates that one who has only one Master is obligated, which excludes this slave, who has another master.

Jewish law knows that human behavior needs at times to be limited--we cannot murder, steal, and much more in order to protect the possessions and lives of others.

-Rabbi Seth M. Limmer

דרש רבי שמלאי שש מאות ושלש עשרה מצות נאמרו לו למשה שלש מאות וששים וחמש לאוין כמנין ימות החמה ומאתים וארבעים ושמונה עשה כנגד איבריו של אדם אמר רב המנונא מאי קרא (דברים לג, ד) תורה צוה לנו משה מורשה תורה בגימטריא
§ Rabbi Simlai taught: There were 613 mitzvot stated to Moses in the Torah, consisting of 365 prohibitions corresponding to the number of days in the solar year, and 248 positive mitzvot corresponding to the number of a person’s limbs. Rav Hamnuna said: What is the verse that alludes to this? It is written: “Moses commanded to us the Torah, an inheritance of the congregation of Jacob” (Deuteronomy 33:4). The word Torah, in terms of its numerical value [gimatriyya],

To be a citizen is to balance one's freedoms in counterweight to society's needs. In Judaism, the needs of the whole take precedence over the rights of the individual. In today's United States, this very question is up for debate. On the one side are those of libertarian bent, who advocate for the doctrine of personal responsibility. They contend the purpose of America is to guarantee its citizens every "freedom to" without encumbering their behaviors with limiting laws...

-Rabbi Seth M. Limmer

וכל עבירות שבתורה מכל העולם לא והכתיב (ויקרא כו, לז) וכשלו איש באחיו איש בעון אחיו מלמד שכל ישראל ערבים זה בזה
The Gemara asks: And with regard to all of the other transgressions in the Torah, is punishment not exacted from the entire world? But isn’t it written: “And they shall stumble one upon another” (Leviticus 26:37)? This verse is homiletically interpreted to mean that they shall stumble spiritually, one due to the iniquity of another, which teaches that the entire Jewish people are considered guarantors for one another. Apparently, any transgression makes the entire world liable to be punished.

To be a citizen in Jewish law is to be a member of society, bound by laws that serve the purpose of both personal growth and societal success. To be a citizen is to be committed to the existence and evolution of the entire populace, even at the expense of self-restraint...

The heritage that taught the world that every human being is created in the divine image likewise advocates that every human being- regardless of place of origin or current circumstances of living- deserves equal protection under the law.

-Rabbi Seth M. Limmer

Discussion Questions by Ariel Tovlev

  1. Who is a ger, and who is an ezrach? What does Sh’lach L’cha teach us about these two groups?

  2. President Franklin D. Roosevelt famously spoke of the "four freedoms" in his 1941 State of the Union Address, essential in human life: freedom to express ourselves; freedom to worship in our preferred manner; freedom from want; and freedom from fear. How do they relate to individual liberty and societal responsibility? How does Rabbi Limmer connect “freedom to” and “freedom from” to the Israelites’ transition from avadim in Egypt to avadim of God?

  3. If the benefits of societal responsibility are not considered, some may feel that it’s less like a freedom and more like a restriction. What are some examples that illustrate this paradoxical connection between freedom and responsibility? What can we do to balance our personal liberties with our societal responsibilities to improve society for all?