The articles in this column are transcriptions and adaptations of shiurim by Rav Joseph Ber Soloveitchik, zt”l. The Rav’s unique perspective on Chumash permeated many of the shiurim and lectures he presented at various venues over a 40-plus-year period. His words add an important perspective that makes the Chumash in particular, and our tradition in general, vibrant and relevant to our generation.
This week’s d’var Torah is dedicated in honor of my new grandson, Chaim Zev, named for my father-in-law Rabbi Chaim Zev Bomzer.
There are two aspects to slavery: 1) juridical/political and 2) typological/personalistic. Under the former, the concept of slavery is identical with a doctrine of totalitarian private property where the body of the slave belongs to another. This doctrine embraces the animate and inanimate, including mankind. The typological/personalistic aspect of slavery is characterized by a class of people who think, feel and act (or react) in a distinct manner, thus reflecting a peculiar personality. These two aspects of slavery do not always go hand in hand, the personalistic aspect of slavery may be found even among free men. Praising Hashem for redemption and freedom – Nodeh lecha al ge’ulasaynu v’al pedus nafshaynu (Pesach Hagadah) – encompasses redemption from both aspects of slavery. We were set free physically and also liberated from the highly restrictive slave personality.
Halachah calls the political/juridical aspect kinyan mamon, manifest ownership of the slave as property. Halacha calls the personalistic aspect kinyan issur, referring to the halachic constraints on the slave because of his strange and peculiar personality. Our focus is to analyze the Halachos associated with the personalistic aspect. kinyan issur. There are fundamentally three halachos reflecting the slave personality: 1) He is excluded from the obligation to perform time oriented commandments (mitzvas assay sh’hazeman grama). 2) He is excluded from matrimony (ein lo tfisas kedushin). His act of betrothal does not establish a matrimonial community. 3) He is disqualified as a witness in civil and criminal cases.
The laws noted above are not just of technical significance. They are rooted in the slave mentality and personality. A slave is disqualified to testify simply because we don’t trust him. Only a free man can experience the “truth norm.” The insensitivity of the slave to truth can be viewed at two levels. The slave lacks freedom of choice. Torah refers to free people in general, and the Jew in particular, choosing between two alternative paths: tov and ra, Good and Evil, berachah and kelala. The slave lacks the drive to initiate action, manifesting inability to improve his lot, as a free man would, to help himself under similar circumstances. Slaves perceive the world through a subjective, slanted viewpoint in order to soothe their ego. Hence the Torah did not trust the slave to testify.
Fear motivates the slave to withdraw from confrontation or challenge, even when it does not threaten him. The Torah describes most beautifully this neurotic, irrational phobia experienced by Jews in exile where we find no peace and are gripped by fear day and night. Testimony requires telling the truth, contradicting and antagonizing someone, telling the truth no matter the situation. The slave lacks objective observation or courage to stand up for his beliefs and ideas, and is disqualified from testifying.
Heseba, leaning, symbolizes freedom in contradistinction to the slave mindset. Reclining demonstrates abatement from tension or anxiety, freedom. It indicates disobedience, a courageous stand rejecting the authority of man, symbolized by the obedient soldier standing before a superior officer. On Pesach night, the halachah requires we emphatically state and demonstrate our opposition to those seeking to dominate us. We demonstrate we don’t fear our oppressors. Chazal enjoined the student, who is obligated to respect his teacher, from reclining before his teacher precisely because it is a disrespectful posture. Apparently Chazal chose such a posture as the symbol of freedom specifically because it shows disrespect from a subordinate towards his superior. It demonstrates how the poor Jew in Egypt behaved towards his former master on the Exodus night.