Behar-Behukotai (Leviticus 25:1-27:34)
OVERVIEW
This week's double portion, Behar - Behukotai begins with the laws of the Sabbatical year and the Jubilee year. During the Sabbatical year, which occurs every seventh year, the land must lie fallow, as an acknowledgment of God as the Creator and owner of all. After every 49 years (seven cycles of seven years), there is a "Jubilee" year, in which slaves go free, certain debts are canceled, and land returns to its original titleholders. As the portion continues, further laws are given pertaining to debts and property: one must help people avoid debt-servitude, and one must help people to avoid losing their property. Interest and oppressive financial practices are prohibited. Behar ends with a general reminder to keep God's laws, especially the Sabbath and the prohibition on idolatry.
The second portion, Behukotai, takes on a different form. The opening verses describe all the blessings and rewards that will benefit Israel as long as they uphold the covenenat and follow God's commands. However, following this list of great benefits, is a passage which our tradition identifies as the tochechah - "rebuke" or "reproof". It is a much longer list of the curses and terrible punishments that will befall the people of Israel if they do not follow the mitzvot. The portion concludes with additional teachings about vows, tithes and gifts.
IN FOCUS
You shall hallow the fiftieth year. You shall proclaim liberty (release) throughout the land for all its inhabitants. (Leviticus 25:10)
PSHAT
These words, famous for being emblazoned across the Liberty Bell in Philadelphia, do not refer to revolution or liberation, national autonomy or civil rights. In their original context here in Leviticus, they refer to the Yovel - the Jubilee Year. Following a cycle of seven times seven years, the following year (the 50th) is to be proclaimed a Jubilee year.
The Jubilee Year has significant economic implications. Land is to lie fallow as in the Sabbatical year, which means the land will remain fallow for two years in a row. All property is to be returned to its original titleholder. There is to be remission of all outstanding debts. As stated in our text, all Jewish indentured servants are to be freed to return home to their families, ending their career as slaves. The motivation for returning the land and freeing slaves seems to be the same: everything, including land and humans, belongs to God. Neither should ever be submitted to an earthly master for an eternity.
DRASH
Although this passage seems fairly straight forward, the rabbis found the verse a little confusing. Why would this verse say, "proclaim liberty (or release) throughout the land and to all its inhabitants." Isn't the Torah referring specifically to the freedom of slaves and the servants? Rashi states emphatically that the release is for slaves, both those in prolonged servatude (whose ear has been pierced - see. Ex. 21:6) and those who are in a fixed term of servatude. But it is specifically for slaves. So why then would the Torah use the words "and to all its inhabitants"? The masters and employers are not slaves. They are not going to be freed. Or are they?
A story can answer the question. A Rabbi was returning home after a long day, accompanied by his nephew. As the Rabbi began to climb the steps to his home, he suddenly stopped and retreated down the staircase as if he had forgotten something. As he reached the street, he began to wander aimlessly back and forth, seemingly lost in thought. His nephew questioned this strange behaviour -"Did the Rabbi forget something?" "Why didn't he enter his home?"
Despite the cold, the Rabbi continued to pace outside his home. After a while, he walked slowly up the stairs, waited a moment, and then headed back down again.
This time his nephew could not contain himself, "Please, Rebbe," he pleaded. "What's the matter?" The Rabbi just shrugged and said, "just wait a few more moments."
"But, uncle, it's getting cold. Please answer me. What are you waiting for?"
The Rabbi realized that he could no longer keep his reasons to himself. "I'll explain. As I walked up the steps I heard the young woman who comes to help with the housework. She was mopping the floor and singing while she mopped. I knew that if I were to walk in she would become embarrassed and stop singing. The singing helps her through her work, and I did not want to make her work any harder, nor deny her the joy of singing. And so I decided to wait outside until she finished her work and her song. Then I'll go in."
The sages understood the meaning of the passage in this way: an employer has a responsibility to his employee. In addition to the fair and timely compensation for the employee’s labours, the employer is also responsible for the worker’s welfare, working conditions and even feelings. The employer is responsible to assure the worker can do the best work possible. An employer must provide a safe environment, suitable provisions, and above all, allow the worker to maintain dignity and self-respect. The employer must treat the employee like a mensch.
When the Jubilee Year arrives workers are freed to return home. But they are not the only ones freed from their responsibilities. The employers are freed, too, from their obligations toward their employees. Freedom is declared for all the inhabitants of the land. In this message of release is a message of concern and care. This concern is not just for an employer towards an employee, but for one human being towards another. That is what the Torah reminds us, and what the Jubilee year enforces: in our freedom, in our dignity and in our humanity, we are all the same.
DAVAR AHER
But the Sabbatical year itself also has fifty-two Sabbaths which the soil still desecrates in part by producing after-growth. For this reason Torah ordered that after seven Sabbatical years - three hundred sixty-five Sabbaths not properly observed - have passed, there should be a Jubilee Year when the soil rests for another whole year to compensate for the Sabbaths which it did not observe during the seven Sabbatical years that have gone before. (Hatham Sofer)
