English translation — בהר

Behar<pg>72</pg>

A.

Thus the Rambam at the end of the Laws of Slaves

(and conclusion of the Book of Acquisition)

: "It is permitted to work a Canaanite slave with harsh labor<sup>1</sup>,

And even though the law is so, the measure of piety and the ways of wisdom are that a person be merciful and pursue justice and not make his yoke heavy on his slave and not distress him, and feed him and give him to drink from every food and every drink,

The early Sages would give<sup>2</sup>

the slave from every dish that they would eat,

and would precede<sup>3</sup>

the food of the animals and the slaves to their own meal,

behold it says<sup>4</sup>

As the eyes of slaves to the hand of their master, as the eyes of a maidservant to the hand of her mistress,

and likewise he shall not humiliate him with hand nor with words etc. and he shall not increase upon him shouting and anger but rather speak with him gently and hear his claims etc.'"

(And at the conclusion of the law the Rambam elaborates on the matter of the attribute of mercy that is in the seed of Abraham our father,

as below section 3).

And behold, what the Rambam wrote that

(a trait of piety and)

ways of wisdom that a person should be merciful etc. and not make his yoke heavy upon his servant etc.",

that also "ways of wisdom" and intellect require this conduct

(and according to the precision of his language in the continuation of the matter "the early wise men etc.",

and not "the early pious men<sup>5</sup>

etc.")

— it must be explained simply,

based on the words of the Rambam in the previous law,

regarding the ruling "a master may say to his Canaanite slave: work with me and I will not feed you",

that "slaves that his wife brought him as part of her melog property, he is obligated for their sustenance,

for on this condition she brought them in,

that if he does not feed them they will die or run away, and he is not liable for their replacement",

from which it is understood how common sense requires conduct of mercy toward the slave,

for if he behaves cruelly there is a concern that the slave will become ill or run away and the like.

However, based on this, explanation is needed on the other side — that since also according to "ways of wisdom" one should not behave toward a Canaanite slave with cruelty,

why did the Rambam attribute this matter to "a trait of piety",

i.e., that this conduct depends on the trait of kindness and mercy of the master,

for even one who is not merciful but is wise and clever will behave thus due to "ways of wisdom",

so as not to lose his money,

as above?

[And although it is possible to say that the Rambam's intention in the phrase "measure of piety" is that this is a conduct beyond the letter of the law

(since according to the law it is permitted to work with him with harsh labor)

— nevertheless,

and especially the lengthiness in the continuation of the halacha regarding the attribute of mercy in the seed of Avraham Avinu who "are merciful to all"

(as below sec. 3)

it is understood,

that the Rambam's intention in the phrase "measure of piety" here is also for conduct in a manner of kindness and mercy⁶

abundant].

<pg>73</pg>

And it is implied from this,

that the foundation of this conduct is specifically in "measure of piety",

that is to say,

that even though this conduct is obligatory from the aspect of "ways of wisdom" this is only for one who conducts himself with "measure of piety"

(for whom,

such conduct is obligatory not only from the aspect of his attribute of mercy,

but also according to his wisdom),

but one who is not merciful,

behold a calculation of "ways of wisdom" alone is insufficient to bring about this conduct.

2.

And this will be understood with the introduction of an additional precision in the words of the Rambam here,

that in continuation of the conduct of the early Sages that "they would give the slave from every dish that they ate",

it is written "and they would give precedence to the food of the animals and the slaves over their own meal".

And seemingly — "animals", what are they doing here?

And even more so it is not understood: from the simple language of the Rambam it implies,

that that which "they precede etc." is a part of the conduct of the early Sages.

And already they noted⁷,

that in the Gemara⁸

this was not brought as the conduct of "early Sages" but as a law⁹

— "It is forbidden for a person to eat¹⁰

before he gives food to his animal, as it is said¹¹

And I will give grass in your field for your animal and afterwards you will eat and be satisfied."

And furthermore:

(A)

In the Gemara it is stated only "his animal",

whereas the Rambam adds also slaves¹².

(B)

In the Gemara the verse "And I will give grass etc." was brought for this,

and in the Rambam — "As the eyes of slaves etc."¹³

[And it is understood,

that the two changes are dependent on each other — that in the verse "And I will give grass etc." only "your animal" is mentioned

(and not slaves),

whereas in the Rambam here it primarily concerns "slaves",

and therefore he brought the verse "As the eyes of slaves etc."].

And based on this it is more difficult — why did the Rambam bring here regarding the relation to "slaves" the conduct of "early Sages" with the animals¹⁴.

And one could say,

that in this that the Rambam included cattle with slaves, his intention is to emphasize the reason that conduct with kindness and mercy with a Canaanite slave is in the category of the quality of piety

(and not only conduct according to "the ways of wisdom").

For behold, according to intellect there is no reason that a person should prioritize his animal's food over his own meal.

And on the contrary,

according to "the ways of wisdom",

behold the animals "were not created except to serve me"¹⁵

and they<pg>74</pg>

Dependents of the human,

And first of all one must eat himself and only afterwards does the food of his animal come¹⁶,

Rather, this conduct is connected with his kindness and mercies¹⁷

Abundant of the human

(And as will be explained below section 4).

And similarly it is regarding the overall conduct with his Canaanite slave: That the Torah permitted to work a Canaanite slave with hard labor — "work that has no limit and work that he does not need"¹⁸

(Even though ostensibly it is cruelty¹⁹)

This is because the work of the slave also includes doing "despicable things that are designated for slaves to do"²⁰

[Therefore it was forbidden to work a Hebrew slave with these things²¹,

Because we are commanded²²

"You shall not work him with slave labor"],

And so that there should not be lacking in the matter of slavery

(That the slave should not refrain himself from doing despicable things)

There is place to conduct with him in such a way that he feels his being a slave²³,

And therefore the Torah permitted to work with him with hard labor

(Even though it causes pain to the slave²⁴),

Because this pertains to the slavery itself.

And from this it is understood,

that from the aspect of "the ways of wisdom" alone,

there is place to say that it must specifically be hard labor.

And only one who is graced with the "attribute of piety" and is "merciful and pursues justice",

conducts himself with great mercy also toward his servant,

to the extent that he conducts himself with him in a manner of equality²⁵

[like the obligation regarding a Hebrew servant²⁶

"to make them equal to him in food and drink etc."],

and beyond this — that he prioritizes his servant's sustenance over his own meal

(even though such conduct is seemingly the opposite of the concept of servitude itself),

that such conduct is only from the side of the master's abundant mercy²⁷.

3.

According to this explanation, one can also explain the lengthy language of the Rambam at the end of this law,

and this is his language:

"And cruelty and brazenness are found only&lt;pg&gt;75&lt;/pg&gt;

among nations who worship idolatry&lt;sup&gt;28&lt;/sup&gt;

but the seed of Abraham our father, namely Israel, to whom the Holy One, blessed be He, bestowed the goodness of the Torah and commanded them with righteous statutes and judgments,

they are merciful to all,

and likewise in the attributes of the Holy One, blessed be He, that He commanded us&lt;sup&gt;29&lt;/sup&gt;

to imitate them, He says&lt;sup&gt;30&lt;/sup&gt;

and His mercies are upon all His works, and all&lt;sup&gt;31&lt;/sup&gt;

whoever is merciful, they are shown mercy from Heaven, as it is said&lt;sup&gt;32&lt;/sup&gt;

and He will give you mercy and have mercy on you and multiply you."

And behold, this matter is in the way of the attribute of mercy of the seed of Abraham

(And its opposite among the nations)

The Rambam brought in several places in the book Yad:

In the Laws of Repentance³³

— "It is forbidden for a person to be cruel etc. forgives with a whole heart etc. And this is the way of the seed of Israel and their upright heart, but the uncircumcised of heart nations are not so, but their wrath³⁴

keeps forever etc."

In the laws of forbidden relations³⁵

— "Anyone who has brazenness or cruelty and hates people and does not do them kindness, we suspect him greatly that perhaps he is a Gibeonite,

for the signs of Israel, the holy nation, are that they are bashful, merciful, and doers of kindness."

In the laws of gifts to the poor³⁶

— "For charity is a sign of a righteous person, a seed of Abraham our father, as it is said³⁷

For I know him, that he will command his children to do charity, etc. And anyone who is cruel and does not have mercy, we must suspect his lineage, for cruelty is found only among gentiles, etc."

And one must examine the reason for the matter,

that specifically here in the laws of slaves he adds two details in this:

(a)

"And they are Israel, upon whom the Holy One, blessed be He, bestowed the goodness of the Torah and commanded them with statutes and righteous judgments."

And it is implied from this,

that it is not sufficient that the descendants of Abraham our father are merciful and doers of kindness by their nature³⁸,

and also not what Abraham our father commanded his sons and his household after him to do charity etc. — rather it must also be said "that the Holy One, blessed be He, bestowed upon them the goodness of the Torah and commanded them with statutes and righteous judgments."

And at first glance,

on the contrary,

in this law the Rambam speaks about conduct beyond the letter of the law,

more than what is obligated according to the statutes and judgments of the Torah

(for according to Torah law it is permitted to work a Canaanite slave with harsh labor).

And if so, at first glance the foundation of this conduct is

(not in the judgments of the Torah,

but rather)

in the attribute of kindness and mercy implanted in the souls of the Jewish people.

(b)

"And likewise regarding the attributes of the Holy One, blessed be He, that He commanded us to emulate them, it says 'and His mercies are upon all His works'" — unlike in other places, it does not state that the attribute of mercy is among the attributes of the Holy One, blessed be He, that He commanded us to emulate them

(And as it is stated in Hilchos De'os³⁹

"Just as He is called merciful, so too you shall be merciful").

<pg>76</pg>

4.

And according to what was stated above, one can explain this as follows:

The relationship of honor etc. towards a Canaanite slave,

not only is he not obligated from the aspect of "ways of wisdom",

but also the natural attribute of mercy implanted in the soul of the seed of Abraham is not sufficient for this.

Because even these mercies are limited mercies according to the nature and boundary of a created being,

and these mercies do not apply to a Canaanite slave in matters that are the opposite of servitude itself.

And it can be said,

that even to this the Rambam alluded when he brought that the early sages would give precedence to the food of the animals over their own meal.

For although it is possible that a compassionate and merciful person will be aroused with feelings of mercy for a living creature and not cause it pain,

nevertheless,

it is understood and simple,

that his mercy upon them is not greater than his love for himself and the members of his household,

and if so it is understood,

that this that the early sages would give precedence to the food of their animal over their own meal is not because of the natural feeling of mercy but this is a different type of mercy.

And this is what the Rambam adds here "

(and they are Israel)

that the Holy One, blessed be He, bestowed upon them the goodness of the Torah and commanded them with statutes and righteous judgments, they are merciful to all",

and adds "and likewise regarding the attributes of the Holy One, blessed be He, that He commanded us to emulate them, He says 'and His mercies are upon all His works'" — with this he means to say,

that although this is not a conduct obligated from the perspective of human mercy and kindness

(even of the soul of a Jewish man,

the seed of Abraham),

nevertheless,

"the Holy One, blessed be He, bestowed upon them the goodness of the Torah",

that "the goodness of the Torah" is not only the good obligated from the perspective of human intellect and the nature of people, but rather as obligated from the perspective of the wisdom of the Holy One, blessed be He.

And furthermore we are commanded — to emulate the attributes of the Holy One, blessed be He.

And because of this there is no limit to the mercy of Israel,

"they are merciful to all",

to the extent that they prioritize the food of their animal over their own meal.

5.

Explanation of the matter:

Regarding the mercies of the Holy One, blessed be He — two matters: 1)

They are not mercy in the simple sense,

a feeling of mercy,

but rather a conduct of mercy toward the creatures,

and as the Rambam explained at length in the Moreh Nevuchim⁴⁰,

that the attributes of the Holy One, blessed be He, "are descriptions of His actions",

that "He performs actions similar to the actions performed by us as a result of attributes, i.e., of psychic qualities,

not that He, may He be exalted, possesses psychic qualities".

2)

On the other hand — since the discussion is about His attributes, may He be blessed,

then just as He, may He be blessed, has no end,

so "His holy attributes are not in the category of boundary and limit but in the category of infinity"⁴¹,

and there is no limit to His mercies,

"Not⁴²

have His mercies ended".

And this itself is the reason that "and His mercies are upon all His works".

For in the attribute of flesh and blood,

the cause of mercy is the state of the other

(upon whom he has mercy),

there is a great difference in the quality of the mercy,

according to the value of the state of the one receiving mercy,

to the extent that a thing very far from the level of man, it is possible that its state will not arouse in a person a feeling of mercy.

But not so with Him, may He be blessed,

the Creator of all,

nothing occupies any place

(from its own perspective),

and His mercies, may He be blessed, are from the aspect of the attributes of the Holy One, blessed be He,

and therefore there is no limit to His mercies,

and they are upon all His works.

And this is also the novelty in "the goodness of the Torah" which the Holy One, blessed be He, commanded us in it,

that there is in it two&lt;pg&gt;77&lt;/pg&gt;

these qualities,

(a)

the commandment is concerning conduct in a manner of compassion,

even in a situation such as this where a person's heart is not capable of being aroused with a feeling of compassion in this matter,

nevertheless he must conduct himself "with righteous statutes and judgments" of the Torah,

(b)

and in these acts of compassion — there is no measure and limit.

And this is also the reason that the Rambam adds "And so too regarding the attributes of the Holy One, blessed be He, that He commanded us to emulate them, it says 'and His mercies are upon all His works',"

to emphasize,

that this is the content of "the goodness of the Torah" that the Holy One, blessed be He, bestowed upon us,

not only to conduct ourselves with mercy and kindness that is obligatory according to the nature of human beings

(even the nature of a Jewish person),

but to emulate His attributes, blessed be He, "as much as is possible"⁴³,

beyond the human realm.

And because of this, a person precedes his animal's food even to his own meal,

and so too his mercies upon his servant are in a manner of great honor

(the opposite of the concept of servitude),

mercy beyond measure,

And through such mercies,

behold — "Whoever is merciful, they are shown mercy from Heaven, as it is said: 'And He will give you mercy and have mercy on you and multiply you'",

the mercies of the Holy One, blessed be He,

and specifically abundant mercies.

6.

And behold, it is known from our Sages, of blessed memory, on the verse⁴⁴

"He declares His words to Jacob, His statutes and judgments to Israel",

that "what He does, He tells Israel to do and to observe",

that from this it is understood also in our subject,

that the Holy One, blessed be He, also fulfills, so to speak, this law in the Rambam, in the manner of the conduct of a master with his Canaanite slave.

And the explanation of this is:

It is explained in several places⁴⁵,

that three types of servant,

Canaanite servant, Hebrew servant, and Hebrew maidservant,

allude to three levels and modes in the service of the children of Israel,

who are "servants of the Lord"⁴⁶

; and the Canaanite servant,

about whom the Sages said⁴⁷

"A servant prefers to be ownerless",

that is, one who has no feeling in his heart for arousal in the service of God, and his service is only in a manner of compulsion and acceptance of the yoke.

And regarding this slave,

behold, the strict line of the law gives that it is permitted to work him with harsh labor in order to break the materiality of the slave

(from which he comes to desire licentiousness etc.)

; and this is what the Rambam informs us,

that from the aspect of "the measure of piety and the ways of wisdom" which are above,

behold, not only does one not work him with harsh labor, heaven forbid,

but on the contrary,

he conducts himself with him out of mercy and righteousness,

to feed him and give him to drink "from every food and from every drink..

from every cooked dish and every cooked dish",

which is understood that this includes not only necessary things,

but also matters of delight⁴⁸

(like the master regarding himself,

who is not satisfied with necessities but has delicacies for the sake of delight),

And furthermore — that he even precedes the food of his slave to his own meal,

that is to say,

even before the Holy One, blessed be He, takes delight from the service of Israel,

which is called "My offering, My bread for My fire"⁴⁹

(which in the sense<pg>78</pg>

More broadly, all matters of divine service are included in this⁵⁰,

which cause "nachas ruach before Me, that I spoke and My will was done"⁵¹)

— He gives to Israel, His people,

even one whose service is on the level of a "Canaanite slave",

all his needs,

and in a manner of delight.

(From the sicha of Shabbos Parshas Yisro 5745)