Torah Study Notes 2-25-17

February 25, 2017

Page 513

21:1 These are the rules that you should set before them… starts with the management of slaves. There seems to be no clear segue from the Ten Commandments here. We have moved from general precepts to very detailed rules of conduct in specific situations. This is a self contained legal code. They are setting limits on what was the common practice of slavery at that time. A question of moral relativism here which is the position that moral or ethical propositions do not reflect objective and/or universal moral truths, but instead make claims relative to social, cultural, historical or personal circumstances. This seems to be debt slavery which was probably their situation in Egypt. Note that these restrictions only apply to other Hebrews. This has been identified as the Elohim text. Daughters may be sold as a slave but with certain restrictions. Compare Ken Burn’s film on Elizabeth Cady Stanton and Susan B. Anthony. In 1840 America woman had virtually no rights.

Who is enforcing these rules at this time? Recall that there are provisions for protection of worker’s rights in Leviticus. See:

21:12 One who fatally strikes another person…there is reference here to sanctuary cities which are described later. Note the phrase “act of God.” We assume it means “by accident.” It is unclear here why the translation assumes only a male killer. Again, this is likely a humanization of existing practices. See Mishpatin at Plaut page 511.

21:22  When individuals fight… tooth for tooth etc. The rabbis argue that this is not literal but rather monetary – a value is assigned to each part; a question as to how much the victim will settle for. Here a fetus is not classified as a living person but rather as the property of the husband. RB has this memorized because of her work with Planned Parenthood. In the traditional Jewish community one does not say Kadesh for a child who dies in miscarriage. See Essays at page 526. “Assessment of the age and origin of this law code…depends on how one views its relationship to the laws of the ancient Near East, of which we now have extensive knowledge. There can be no question  that a number of these laws were familiar to Israelite society, either by way of patriarchal traditions formed in the Mesopotamian past, or indirectly through the practices of the nations with which the Israelites came into contact – especially the Canaanites after the conquest of the land.”

21:24  What happens when your ox gores someone. Note that an ox is a very valuable animal. Note also the concept of “muad” meaning “in the habit of.”  One can put themselves in a situation where harm can be expected to ensue but even a trespasser is subject to some protection. These laws are clearly designed for a settled farming community – rather than a nomadic society. That is why it is generally agreed that  they were likely written much later than the time of the events described. There is a close relationship between this text and the laws of Hammurabi.

21:33 When a person opens a pit… very detailed rules on dealing with livestock. Monetary compensation by a thief for theft of a sheep. Note the reference to tunneling at night or in the day. The rabbi’s argue that there is an expectation of an armed confrontation at night. During the day it is more likely that no one will be at home. Or is this reference to “tunneling” a fair translation?

The companion Haftarah here is Jeremiah 34:8-22. In that prophet’s time, the ruling classes of Judah, who had released their slaves as a tribute to God, reversed their previous release once the threat of the Babylonians under Nebuchadnezzar had passed. They reneged on the promise they had made. This tells how Jeremiah dealt with that reversal.

1st night Seder on April 10.

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