The Torah doesn’t celebrate freedom. It teaches dependence.
Parashat Mishpatim opens with a shock: the Torah’s great civil code begins with laws of slavery—spoken to a nation freshly freed from slavery.
In this episode of Madlik Disruptive Torah, Geoffrey Stern and Rabbi Adam Mintz ask why the Torah doesn’t give an “Emancipation Proclamation,” and what freedom even means in a world built on mutual dependence. From Thoreau’s Walden myth to Bob Dylan’s “You’ve got to serve somebody,” and Yeshayahu Leibowitz’s insistence that the Exodus is about serving God, we explore a radical reframing: freedom in the Torah isn’t the absence of dependence—it’s learning how to depend justly.
We trace how the Torah’s slave laws evolve across Exodus, Leviticus, and Deuteronomy, how the Rabbis make slaveholding nearly unbearable (“whoever acquires a Hebrew slave acquires a master”), and how Maimonides turns legal permission into a moral demand for compassion. Along the way we bring in modern scholarship on ancient Near Eastern economic stratification and the “graded impairments” of freedom—and discover that Mishpatim may be less about slavery than about a society learning to reorganize power, obligation, and dignity.
Join us on the journey from freedom back to slavery—and toward a deeper, more demanding idea of liberation.
Key Takeaways
- Freedom in the Torah is not independence.
- Mishpatim isn’t about preserving slavery — it’s about dismantling it.
- The Torah meets society where it is — and pushes it forward.
Timestamps
[00:00] Introduction: The Illusion of Absolute Freedom [00:17] Thoreau’s Shack and the Reality of Independence [00:40] The Torah’s Perspective on Slavery and Freedom [01:35] Welcome to Malik: Exploring Jewish Texts [01:57] The Paradox of Emancipation and Slavery in the Torah [02:56] Analyzing the Laws of Slavery in Exodus [05:18] Rabbinic Interpretations and Commentaries [09:28] Modern Reflections on Slavery and Freedom [29:19] Conclusion: The Interdependence of Society
Links & Learnings
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Sefaria Source Sheet: https://voices.sefaria.org/sheets/707773
Transcript here: https://madlik.substack.com/
Geoffrey Stern [00:00:05]:
We love the fantasy of absolute freedom. Radical independence. No masters. No obligations. Need I say free Tibet, free Palestine, free the people, freedom now! Henry David Thoreau goes to Walden Pond and builds a shack. Generations try to copy it and can’t. Thoreau lived near town. He had visitors. His mother did his laundry. So much for absolute freedom and independence. Bob Dylan said it more honestly. You’ve got to serve somebody. That’s what Yeshayahu Leibowitz insists. The Exodus isn’t just let my people go, full stop. It’s let my people go so they may serve God. That’s why Parashat Mishpatim is so jarring. The Torah’s civil code opens with laws of slavery spoken to people just freed from slavery. You’d figure there’d be an Emancipation Proclamation. In the ancient world, slavery wasn’t a clean moral category. It was a relationship of mutual dependence. Masters depended on slaves to survive. Slaves depended on masters for shelter and security. The Torah doesn’t deny that reality. It restructures it. Freedom in the Torah isn’t the absence of dependence. It’s learning how to depend justly. And Mishpatim is where that journey begins.
Welcome to Madlik. My name is Geoffrey Stern, and at Madlik, we light a spark or shed some light on a Jewish text or tradition. Along with Rabbi Adam Mintz, we host Madlik Disruptive Torah on your favorite podcast platform and now on YouTube and Substack. We also publish a source sheet on Sefaria, and a link is included in the show notes. This week we read Parashat Mishpatim, We love it when we read our texts and see things we’d never seen before. This week we notice that when the Israelites should be expecting an emancipation proclamation, they are actually introduced to a code of law that provides for slavery. We look back and realize that when the slaves were in Egypt and they’re instructed to prepare the first Seder in Egypt, they are told to include their slaves. When in the Ten Commandments they are introduced to the Shabbat, they are commanded to let their slaves rest too. Confused? So are we. Join us for freedom back to slavery. I had never really thought of that before, Rabbi, that here we are, the first rules that come out, and you expect Abraham Lincoln to stand up and say there’s no more slavery. And we start with the rules of slavery.
Adam Mintz [00:02:50]:
It’s crazy. It’s totally crazy. I know. Okay, let’s see what we could make out of it.
Geoffrey Stern [00:02:56]:
Let’s read the verses first. We’re at Exodus 21:1. These are the rules that you shall set before them. Verse 1. That’s the intro. This is it. And here it goes. When you acquire a male Hebrew slave, he shall serve 6 years. In the 7th year, he shall go free without payment. If he comes in single, he leaves single. If he says, I do not wish to go free, his master takes him before God, he shall be brought to the door or the doorpost, and his master pierces his ear with an awl, and he shall then remain his master’s slave for life. We’re really talking about long-term servitude. When someone sells his daughter as a slave, she shall not go free as other slaves do. So it really reads like Hammurabi’s Code or an Eshnunna Code, but it talks about this institution of slavery which just blows your mind, right?
Adam Mintz [00:03:54]:
I mean, One thing that’s not entirely clear is whether the Torah is in favor of slavery or not. It clearly has it. But, you know, you have this funny thing about piercing the slave’s ear if he wants to remain a slave. That suggests that the Torah doesn’t want eternal slavery.
Geoffrey Stern [00:04:15]:
You could make the case, Adam, and I think we’re going to look at commentaries who say just that, that these are not so much laws of slavery as laws of emancipation. There are actually laws under what conditions can a slave go free. But still, it does strike you as being very strange. And I had never really thought about— sure, I was being a little tongue-in-cheek when I said the first Seder, God said, and bring your slaves along. Slaves did not typically have slaves, but when it gave the rules for future generation to these slaves, it says, and in the future, when you celebrate this holiday, everybody’s included, including your slaves. When it gives the Ten Commandments to these newly freed people, it says, and even your slaves can’t work. So there’s this real tension between, yes, emancipation, but nonetheless clearly recognizing the category. So the one classic rabbinic commentary that really calls a spade a spade is the Ramban. The Ramban on 21:2 says, if you buy a Hebrew slave. God began the first ordinance with the subject of a Hebrew servant because the liberation of the servant in the 7th year contains a remembrance of the departure from Egypt, which is mentioned in the first commandment, just as he said on it, you shall remember that thou wast a bondman in the land of Egypt, and the Eternal thy God redeemed thee. Therefore I command thee this thing today. Ramban clearly connects the profundity and He’s focused on the emancipation rule. He’s not so much focused on when you have a slave, but when the 7th year comes, you have to free the slave. This is why the prophet Jeremiah was very stringent about it and said, thus said the Eternal, the God of Israel, I made a covenant with your fathers. At the end of 7 years, ye shall go, every one his manservant and every one his maidservant. And on account of its violation, God decreed the exile, just as the Torah decreed exile for the sabbatical rest of the land, which was not observed. So interestingly, what he does is he talks into the future in terms of Jeremiah. We all are aware that the Jews were exiled because they didn’t keep the Shmitah year, the sabbatical year. Baked into that, according to the Ramban, is also letting their indentured servants go. And our rules that we have in Mishpatim don’t stop with dealing with the slave in the first verses. It talks rules about in Exodus 21:20, when a man strikes his servant or his maidservant with a rod so she dies. It has rules about how do you make remuneration. Interestingly enough, it says that if he dies under his hand, it is to be avenged. So Everett Fox says it doesn’t tell you the exact punishment, but it sounds like death if you kill a slave and he dies.
Adam Mintz [00:07:34]:
Nevertheless, if that’s interesting, because I studied it with someone yesterday, and he asked me, and what’s the punishment? And I said, it’s not clear from the Torah. It’s interesting that Everett Fox says, and it’s not clear, but it must be death, because that’s kind of the default punishment. That’s very smart.
Geoffrey Stern [00:07:54]:
Absolutely. But if he lives for a few days, it sounds like he just has to make monetary remuneration. And on this, Everett Fox says he has human rights, but not those of a free man is what Plaut says. Alternatively, Cassuto suggests that the master has lost his own money thereby. You’re paying him not for the loss to the servant, but to the master. The point is it’s baked into the rules. This is a code of law that is written recognizing, adopting, if you will, but definitely adjudicating with slavery around. It goes on. Verse 27, if you knock out the tooth of their slave, the slave goes free on account of the tooth. So it really is baked into it. And of course, baked into it is also the famous language of, and you shall not wrong or oppress a stranger, for you were strangers in the land of Egypt. So it would be very easy to argue, Rabbi, that we’re not so much talking about slavery, we’re not even talking necessarily about emancipation. We’re talking about doing things humanely. Taking the world as it was and making sure that you do it in an elevated way. But it is fascinating that it’s the first law, and it is fascinating how baked it is to this whole code of law.
Adam Mintz [00:09:22]:
Yeah, that is fascinating. Okay, good. Let’s go on and see what we have.
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Geoffrey Stern [00:10:35]:
So we go on, and it’s kind of interesting. I raised the question of, did they celebrate the Passover with slaves? And clearly, if the law is that you shall bring your slave to the Passover Seder, clearly it does. When I thought about having a Passover Seder with slaves, Rabbi, I think back to pre-Civil Civil War America. I think back to the people in the South. And if you read about that, there’s an interesting comment because we look at it as it’s— how could you possibly celebrate the redemption, the liberation of slaves and have slaves? So there was a New York Times article literally about this moment in Jewish history. And one rabbi says, Lance Sussman, the senior rabbi of Congregation Knesset Israel in Elkin Park, Pennsylvania writes, the Passover narrative, he adds, didn’t become an abolitionist-related story until after World War II and the civil rights era. Originally, Passover was theological. It’s about redemption and the power of God. It’s not really about setting human beings free in a universal way. You know, whenever we look at these texts, we have to make sure that we’re not projecting back. And what his argument is, is that this question is almost a modern question and that Passover, if you really think about it, is about liberation in a theological way. And of course, that made me think of our good buddy Yeshayahu Leibowitz. And Yeshayahu Leibowitz says that really he diminishes the redemptive significance of Passover by emphasizing the core of Judaism as acceptance of the yoke of heaven, the Ol Malchut Shamayim and the Ol Mitzvot. But here’s what’s interesting, and this harkens back a little bit to my intro when I talked about free Tibet and freedom. Now, he says the danger he saw was the corruption of religion by the powers of government in a way that led to false messianism. When you start throwing around the word freedom, Rabbi, you can get into dangerous waters. When you see the world in black and white, when you start using ideology and projecting it back into the Exodus story, Leibowitz was concerned about that. And he says, no, this was taking slaves out of Egypt who were forced to worship Pharaoh and bringing them into the desert to worship God. And God has his own rules. But it is kind of fascinating, I think, the way we naturally, knee-jerk way, think of what freedom is and what freedom of the Exodus was.
Adam Mintz [00:13:41]:
Yeah, no, that’s super interesting. That Lance Sussman is also interesting. But yeah, this is— I mean, let’s take a second. This is what Yeshayahu Leibowitz stood for. The idea that it wasn’t about freedom, that Judaism is about, or religion’s about serving God. That’s all. It’s not about celebration. It’s not about being happy. Our role in life is to serve God. Which is very, very interesting.
Geoffrey Stern [00:14:11]:
So I’m going to make kind of a radical argument today. And I grant you that Leibowitz is talking about serving God. But I think the way we look at the text today, the opposite of slavery is not freedom. The opposite of slavery is dependency. Dependency on your, your other, on society, on the rules of law, on holy texts. It’s not being totally independent. And I I read an article this weekend in the Times about there’s a whole movement of people trying to copy the house of Thoreau. And can’t— they he claims that he built it in 2 weeks. People have struggled to build a house without tools by a pond. And they argue, if you really look at it, he wasn’t that independent. I joked he sent his laundry back to his mom. But to be totally independent is not necessarily a realistic goal. Realistic thing, and it might not even be something that we want to aspire for other than to have like the aspiration of freedom. I think that Rabbi Riskin always used to quote Viktor Frankl. He says Viktor Frankl said that on the East Coast we have the Statue of Liberty and on the West Coast we have to have the Statue of Responsibility. I think that’s the way I interpret Yeshayahu Leibowitz and Bob Dylan, is that the opposite thing of slavery is not necessarily to be ultimately free and independent of everybody, but actually depend in a just way.
Adam Mintz [00:15:53]:
So I just want to say, you said something really interesting before the Rabbi Riskin, which is famous. Of course, I smile when you remember that. But I think that there’s something here about responsibility. What does that mean, responsibility? You say serving God. So your radical explanation here is to say it doesn’t mean only serving God, but it means serving other people.
Geoffrey Stern [00:16:23]:
It means serving other people in the sense that there are reciprocal relationships, there are codependencies. And if you look, and I think if I’m successful, and then you go back and read the rest of the rules, whether it has to do with not taking interest from your brother, this whole sense of brother, you have to be dependent on each other in a just way. Are there going to be class stratifications. Of course, there are people who are more successful and people that are less, but it all has to be governed by rules of fairness. And that is ultimately the freedom that mishpatim in the Torah, I will argue, gives you. So let’s look a little bit further. The laws of slavery are fascinating. And on thetorah.com, the lights are going off. There are at least 4 or 5 articles on the same subject matter because it turns out that the same rules are treated in 3 places, and in each place they’re treated slightly differently. So in Leviticus, we have all of a sudden it doesn’t talk about ivri, a Hebrew. It talks about your brother. And instead of going out in the 7th year, it talks about you going out in the yovel, in the Jubilee year. It does make a reference that they, along with children, shall be free of your authority. Go back to their families, for they are my servants who I freed from the land of Egypt. They may not give themselves over into servitude. You shall not rule over them ruthlessly, but you shall fear your God. So in Leviticus, it clearly makes a connection that’s unspoken a little bit in Mispatim to the Exodus, the way the Ramban sees it. It has some variations. It refers to it as a brother as opposed to a Hebrew, and it has going free in the Jubilee year, which was the 49th year, and not in the 7th year.
Adam Mintz [00:18:31]:
Right.
Geoffrey Stern [00:18:32]:
And, you know, there are commentaries that are saying the legislation assumes that Israelites are enslaving one another and it attempts to stop the practice. Whenever you have these variations and you get the academics in and they go, this is the P script and that’s the E script, they’re all going to want to project different cultural things. I’m not that smart, but it’s clear that there are different texts. That are dealing with. The final text is in Deuteronomy. And here, interestingly, it says, “When you set them free, do not let them go empty-handed. Furnish them out of the flesh, the threshing floor, which the Eternal God has blessed you. Bear in mind that you were slaves in the land of Egypt and the Eternal God redeemed you.” Again, makes the connection to leaving Egypt, makes the connection that we’ve seen in multiple episodes of those that were made behind giving food food and support to those that were leaving. It’s clear that the text itself was very aware, I won’t say of the irony, but definitely of the connection. So let’s look at some of the critiques. Zev Farber in thetorah.com is using our three different treatments of slavery as a proof that the Torah was written by different scribes. And the editors put put them together. He says the laws contradict in significant ways, such as whether the slave should be paid upon release, when the slave must be released. This latter fundamental differences suggest that these different laws reflect different norms from different times and places. What he argues that I think everybody kind of agrees with is we might refer to Mishpatim as a code of law in the same way that we might refer to Hammurabi’s code as a code of law. What Farber is arguing is that it’s not systematic, that these are collections of laws.
Adam Mintz [00:20:41]:
Means the code is not a lawyer who sat down and organized everything. I would say it’s more like an encyclopedia of laws.
Geoffrey Stern [00:20:53]:
Some of them go as to say it’s not so much a code of law, it’s a reflection of rulings that were had. What I’m trying to say is that you You don’t have to buy into Farber’s radical explanation that this proves that the Torah was written by different scribes in different eras with different motives and then combined to believe that we have a living, dynamic Torah that evolves but is also based on different data points. And if we’re having a discussion about freedom, about slavery, there’s no one answer, which is something that we say over and over again on Madlik. Another scholar, Aaron Koller, who’s more traditional, he says no. He does something very typical of a classic rabbinic commentary. He explains there are two types of indentured servants, and the law that talks about giving freedom in 49 years is an indentured servant who became poor because he lost his land. After 49 years, he’s going to get back his land. I’m starting to talk like a yeshiva bachor because that’s what he does. He tries to pull it all together, but important for our discussion, he says knowledge of the social and legal realities of the ancient Near East, often available only through study of other cultures such as those of Mesopotamia, are critical for a full understanding of the world of biblical law. So here too, he’s not necessarily buying into multiple authors, but what he is buying is— and I’m trying to make the argument— that there’s codependencies even in texts. There are— there’s— you can’t take anything in isolation or by itself, not in terms of slavery and freedom, and not in the sense of the texts that deal with slavery and freedom. And I will argue every text.
Adam Mintz [00:22:55]:
I would just say, look at Aaron Koller . Look at the title of his essay, The Hebrew Slave: Reading the Law Collections as Complementary. Obviously, his article is a reaction to Farber’s argument that there are different authors. You don’t have to say there are different authors. You could say that the author of the Torah just had different, you know, different examples of slavery. So you say it like Yeshiva Bucher, like you would say, like a Lithuanian, that there are two rules of slavery. I just want to point out one thing about Aaron Koller that’s interesting, because, you know, he says that you’re a slave according according to, to Leviticus, you’re a slave until the, until the sabbatical, until the, sorry, the Jubilee year. Now, we know in Leviticus that in the Jubilee year, land goes back to its original owner. So it’s actually very creative of Aaron Koller that he puts those two laws together, because the Torah doesn’t put them together. But he— I mean, they’re written next to one another, but the Torah doesn’t put them together. But he says it’s the same law. So even in that, in that complementary, you see a certain level of creativity.
Geoffrey Stern [00:24:06]:
And what his argument is, is you’ve got to know the rules of the land. You’ve got to know the infrastructure, the economy, the way that everything worked, and then you can understand it better. The third one I’m going to quote from thetorah.com is James Diamond. And he is the one who talks about really these laws are as much rules of abolition as they are of slavery. Slavery. He says, although it sanctions the institution of slavery, biblical law begins the process towards abolition, a process still unresolved in various parts of the world in the 21st century. By regulating and restricting the absolute control a master could exercise over an Israelite slave, through limited in scope, both the Covenant collection and the Deuteronomy collection transformed the Hebrew slave from pure chattel owned by the master to to some form of independent personalhood bearing legal rights. The process culminates in Leviticus 25, which avoids the locution Hebrew slave, eved ivri, altogether, preferring your brother. So everybody is reading something into it, but the evolution is key. I think if you want to use slavery in the ancient Bible as a test case of how Jewish and Israelite law evolves, it is well-founded. You can clearly see an evolution here. When we get to the rabbinical period, it starts to get interesting. The Baraita says that there shall not be a situation in which you eat fine bread and he eats, meaning your Jewish slave, inferior bread from coarse bread mixed with bran, which is of lower 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. And from here, the sages famously said, anyone who acquires a Hebrew slave is considered like one who acquires a master for himself. So in true fashion, the rabbis made the regulations regarding having an indentured servant so overbearing that they almost made it better not— I’d rather not have a slave. It becomes you buying yourself a master. And Maimonides follows the same track. He admits that in the law itself, and here he’s talking about a non-Jewish slave, because throughout we’ve been mentioning a Hebrew slave. Maimonides in Mishnah Torah for slaves at the end says it is permissible to have a Canaanite slave perform excruciating labor, although this is the law, the attributes of piety and the way of wisdom is for a person to be merciful, to pursue justice, not to make his slaves carry a heavy yoke nor cause them distress. So he takes this as a teaching moment and he brings a whole bunch of Psalms and verses from the prophets that talk about acting towards the slaves the way God acted towards the people of Israel. So what I wanna quote now is there is a monograph that I found, nothing to do with the Bible. It was written by Robert Adams, and it must have been after a discovery, an archaeological discovery in Ur, Ur of the Kashdim. And what he found was that the slaves are working on projects along with free men, something that really shouldn’t surprise us. And what he does is he challenges the whole way way of looking at biblical slavery. And he says you have to look at it in the context of changing gradations of impairments of freedom without the anachronism of introducing absolute individual rights. If we look at these ancient texts and project back a concept of human rights and individual rights, we are never going to hear the, uh, the sound behind the music.
Adam Mintz [00:28:40]:
That’s correct.
Geoffrey Stern [00:28:42]:
And so what he does is he says you really have to understand that there were graded series of impairments of the lives of working men and women. And that to me, if you use that lens to look at Mishpatim, you start to see that the master has obligations to the slave, that the slave is trying to work his way out of debt. The master is trying to handle how to deal with his own economic needs. There were totally stratifications and everybody is mixed together. And so I started by saying it’s all about codependency. Our friend Joshua Berman writes that the truth is, if you look at all of these laws, you will see whether it’s the law of every 6 years or 7th year, whether it’s the law of the sabbatical, these ways of making people loan money to each other. He says social stratification emerged as free citizens lose control over their means of production. A common pattern of this process was as followed. A peasant, a small landowner, resides on a small plot of privately owned land and engages in subsistence farming. As his margins of profits are slim, he can go into debt for any number of reasons, personal illness, crop failures, taxation, or the monopoly of resources by the state or private elite. His first line of recourse is to procure a loan that puts into light the laws that we’re going to see about interest, which he can only get at high interest. The high interest renders him insolvent, so he is forced to sell or deliver family members into debt slavery to pay off the debt. When this does not secure the means to pay off the debt, he has to resort to relinquishing or selling his own land, his means of production, and finally to selling himself. So what he argues is that the laws that we’re reading now with quote-unquote slavery, I will say indentured built into it is looking at the whole spectrum of economic codependency. And he says, to counter this cycle, the biblical laws introduce a series of legal and conceptual reforms that together seek to achieve social equality, but of a very specific kind. It is not the egalitarianism developed since the French Revolution with its emphasis on the individual and inalienable human rights, nor does this equality manifest itself in family organization, size of holdings. Rather, it takes the form of an economic system that seeks equality by granting communal and divine legitimization of respective households that assist one another in agrarian labor and granting relief to other households in need. And I think if we look at that, we can really see who those freed slaves are serving. They’re serving God, but yes, they’re serving in the image of God each other. They’re creating a community based on these communal relationships that I think once we look through this lens, all that follows will become very clear. And the connection to leaving Egypt couldn’t be more direct.
Adam Mintz [00:32:11]:
That’s amazing. Wow. Let’s hear it for Professor Josh Berman, who really pulls it all together. This is an amazing topic. Goes back to Viktor Frankl and Bob Dylan and Yeshayahu Leibowitz. But you really turned slavery into a much bigger topic that’s as relevant today as it was 3,500 years ago. Shabbat shalom, everybody. We’ll be in Hong Kong this Shabbat. But wherever you’re going to be this Shabbat, enjoy Shabbat shalom. Enjoy Parashat Mishpatim. It’s also Shabbat Shkalim. We announce the month of Adar. It’s almost Purim time, almost Passover time. Get ready, everybody. Enjoy.
Geoffrey Stern [00:32:51]:
Shabbat shalom. Let us all celebrate and invest in the dependency we have on each other. Shabbat shalom. See you all next week.



