Letter 89 - continued
RAV KOOKS LETTERS
By Rav
Lecture #14b:
Letters of Rav Kook Letter 89-continued
C: Natural Slavery and Legal Slavery
Know also that slavery, as with all the moral, upstanding
ways of God in which the righteous walk and the evil stumble,[1] never in itself caused any fault or error. Slavery is a natural law amongst
the human race. Indeed, there is no difference between legal slavery and natural
slavery.[2] On the contrary, legal slavery based on the Torahs license repairs certain
flaws that can be anticipated in natural slavery.
For example, the reality of rich and poor, weak and strong
is inevitable. If so, those who have acquired great wealth lawfully hire poor
workers to work for them. These employees become their natural slaves due to
social compulsion. For example, coal miners, who are voluntarily employed, are
in effect slaves to their employers. It is certainly the lot of some people to
be of lower class. If not for the wickedness that so controls the heart of man,
to the point that it tramples justice, the situation of slaves would be better
if they were actually owned. For example, we now need moral inspiration to be
concerned about the material and moral lives of workers, while the rich, with
their shuttered hearts, scoff at all morals and ethics. It would be better for
him if the mines lacked air and light, even if this shortens the lifespan of
tens of thousands of men, many of whom become critically ill, as long as they
need not spend tens of thousands of dollars to improve conditions in the mine.
If a mineshaft occasionally collapses burying workers alive, they do not even
notice, for they will find other workers to hire. If these people were owned by
the master by legal slavery, he would worry about them as he worries about his
wealth, since it was his money. Then these poor workers would indeed be
happier and could look forward to a better future.[3]
Thus, our holy Torah follows its way of uplifting mans heart, bringing it
closer to the ways of the Master of all things, blessed be He. Therefore, as
long as natural slavery is necessary in human society, I have created the evil
inclination and I have created the Torah as its antidote legal slavery
perfumes it and makes it good.[4] Indeed, these
influences would have continued to operate, had our sins and the sins of our
fathers not caused the light of the Torah to cease influencing us and the entire
world for this lengthy time. From the day that the Temple was destroyed and we
were scattered among the nations, the curse of each day is greater than the one
before; the darkness of the Middle Ages rose up precisely then, corrupting the
true goal of the path of life and turning slavery into a monster. Instead of
fulfilling its aim of protecting the lower classes from the evil and strong by
benefiting them with the security of possession,[5] in the present
situation, the value of slavery is outweighed by its loss. Humanity has seen fit
to abolish legal slavery, despite the fact that this will not eliminate natural
slavery and we have no power to prevent the damage that befalls the enslaved
masses by abolishing legal slavery.[6]
This remedy must be hidden in the Torah until the enlightened time when Torah
proceeds from Tzion, And ten men from all of the languages of the nations will
grab hold of the corner of [the garment] of one Jew, saying, Let us go with
you, for we have heard that God is with you.[7]
D. The Slavery of Canaan Slavery as a National Characteristic
All of human society will then recognize that after the heart is repaired to be
a heart of flesh, full of uprightness, mercy, kindness, and compassion, it is
appropriate and right that the lower classes of people should all be under the
protection of the higher classes, the righteous and wise, who will concern
themselves with them as one is concerned with his own possessions and this
will be the source of their happiness and security. In the opinion of the Master
of Knowledge, blessed be He, the social and moral situations are connected.
Thus, those who are appropriate to serve as slaves are those whose freedom would
naturally bring about evil for them and for the world, as they are naturally
inclined towards immoral life and only external pressure can straighten and
uplift them. This status is often a result of ones lineage, for just as good
qualities and traits are inherited, so too are lowly traits. Sometimes, a person
acquires such a lowly trait that it is passed down for thousands of generations.
The influence of ancestors operates due to the physical as well as spiritual
connection, and even over a great distance [of time]. Thus, the revelation of
the lowliness of Cham led to the fact that his descendants are more appropriate
to servitude than to self-governance.
It was the depth of this negative trait that led to the curse,[8] and [made it so
that] a blessed person, whose lofty qualities, desire for wisdom, and love of
God and His creations are natural, cannot cleave to such a person.[9] In order to attest
to the extent of the uprightness that mankind must have as a result of the
Torahs influence, it is forbidden, or at the very not appropriate, to eliminate
legal slavery entirely, but rather to appropriately straighten [natural
slavery].[10]
This is the impression that we must find in the law of a day or two
days.[11]
For the premise of all punishments, including the punishment for murder, is the
future benefit that results to the world. The punishment must provide future
protection, in addition to straightening the heart; thus, it must be limited to
the degree of its external protection. For if it will have no effect, it is no
longer considered compassion[12] or repair of the
world,[13] but rather purely
revenge. Thus, since [the slave] is his property, and man guards his property
and will surely not quickly allow his slave to be intentionally killed as a
result, he shall not be avenged for it is not right to avoid the
implication of negation of revenge and the stress of repair and compassion.[14] This is the
implication according the Ibn Ezra as well.[15]
Know well that the statement of our Sages in the Midrash and Aggada[16] regarding Noahs
recognition that mankind requires slaves is, at its root, a recognition of the
nature of society and the necessity of slavery, and that it is therefore
appropriate that the segment most fitting for the subjugation of servitude
[serve as slaves], as a result of its lowliness in morality and wisdom and
willingness to subject itself. This is the basis of the negation of the
Canaanites claim,[17] for the purpose
of conquest practiced by all of humanity is to raise the glory of the human
spirit. For smaller settlements are more likely to become lowly, and conquest
unites them with the large kingdom. This is a step towards the unification of
humanity into one family in the End of Days. It is always proper that the
settlement from which the greater light and the greater good for perfection of
the group emanates should be given honor, and the one who overcomes the other
will generally go in the way of the light. This is [similarly] the basis of
natural slavery. Thus, the Israelite conquest of the land from the Canaanites is
the strongest basis for the aspiration of human progress, for from here emanates
the law of what a slave acquires is acquired by his master.[18]
E. Abolition of Slavery According to the Torah
From what I have said thus far, you should understand that those who wish to
support the desire to abolish slavery in our day based on biblical sources[19] are like
astrologers who see, but do not know what they see.[20]
There is indeed value to legal slavery, which serves a positive purpose in the
world, but in order to achieve its goal, a properly ordered world is necessary.
In fact, an echo of those benefits that slavery has, in an unclear fashion, on
those who themselves have slaves is witnessed in the fact that they themselves
make the claim.[21] But in the
absence of proper and strong preparation, it is impossible for the world to be
properly influenced by the Torah, with the exception of the Nation of God alone,
as we are more prepared internally. Long ago, our Sages declared that Scripture
defiles the hands, as the power of defilement is commensurate with belovedness[22] one who wishes
to draw from them practical matters for the general world, which is not prepared
for its holiness until this time and until the End of Days, [uses them for
defilement].[23]
The following are a number of paragraphs from the next letter, Letter 90, in
which Rav Kook clarifies a number of issues regarding slavery in response to R.
Seidels questions:
In response to your question regarding why the laws of slaves do not apply to
the other descendants of Noach besides for Canaan, you did not understand my
words properly. I said that there is a natural necessity in the human situation
for some people to be slaves; if they are not slaves by law, they will become
slaves out of concern for their own wellbeing. Thus, freeing the slaves has not
helped humanity at all, aside from the fact that the need for slaves has fallen
as mechanization has further developed and man can better rule over the powers
of nature. These matters proceed gradually in accordance with the laws of
morality, guided by the amazing providence of the Master of all things, blessed
be He. Thus, the reason for Canaans subjugation is that his descendants posses
the lowliness and weakness of spiritual forces that bring about slavery, and
that is why, indeed, most slaves have always come from Cham.[24] But any person
who becomes a slave as a result of his situation will always be a slave,
regardless of whether someone owns him, for [the needs of] his mouth will be
heavy upon him.[25] And the best way
for the lowly to repair their moral ways is to serve as slaves for people of
high stature. Thus, Eliezer prided himself, I am the slave of Avraham.
And regarding your question of why Canaan was more appropriate than the other
sons of Cham [for slavery] appropriateness for slavery implies lowly character
and wide desires, which are not made more gentle even by honor and the like.
This power is recognizable with regard to Canaan, as the Torah says, Do not do
like the acts of the land of Canaan. The Sifra explains that they were more
corrupt than all of the other nations in their abominations.[26]
Thus, the slavery of Cham was most clear regarding Canaan.[27]
Regarding your statement that a righteous and moral master would concern himself
only with his slaves material, and not spiritual, wellbeing, you are incorrect.
Just like a person appropriate for slavery has a particular spiritual level,
every complete person is prepared to concern himself with his slave, and when
the slave is more perfect in character and mind, he will bring his master
greater profit. But too much concern with the spiritual beyond the level of
readiness of the soul may give a person wisdom, but will not change his inner
essence. In such a case, even the trait of wisdom will serve the slavery, and
they will be slaves riding horses and officers walking likes slaves on the
ground,[28] which is
negative.
[1]
From this sentence we can discern that
Rav Kook sees slavery as something instrumental a means and not an end. It can
therefore be good or bad, depending on who is implementing it and how it is
being implemented.
[2]
Legal slavery is slavery that is
regulated by law, and in our case, by the law of the Torah. Natural slavery is
the slavery created as a result of social structures and human and sociological
circumstances, as described below.
[3]
Rav Kook cites coal miners as an example.
This subject was frequently discussed at the end of the 19th century.
In fact, this is a profound understanding of the economic processes that
characterize the modern world. There will always be those with capital, and
there will always be poorer people who need money. The conditions of todays
wage laborers are no better than that of slaves, and in certain respects is even
worse. Establishing slavery through legislation, Rav Kook claims, has two
advantages:
1)
The fact that the slave is completely owned by his master will to concern for
him, as the master does not want the slave to grow weak or to die;
2) the laws of slavery themselves limit the masters
power and prevent him from doing to the slave as he pleases.
[4]
In other words, the Torahs laws apply to the existing human reality (natural
slavery) and forge a way to repair and uplift it, as opposed to pure negation of
that reality.
[5]
That is, protection as if they were actual possessions.
[6]
The form of slavery common in the Middle Ages and afterward was not influenced
by the Torah or Jewish thought, and was therefore cruel, accomplishing the very
opposite of its ideal goal. The modern trend to eliminate legal slavery is
therefore correct regarding the form of slavery that was commonly practiced.
Natural slavery, however, cannot be nullified by any law (at least presently),
and the lower classes are thus left unprotected.
[7]
Zecharia 8:23.
[8]
The curse is not a punishment, but rather the consequence of the personality and
character of Canaan and his descendants.
[9]
This discussion also intends to explain why slavery is predominant amongst the
descendants of Cham (Africans). R. Zvi Yehuda Kook notes Bereishit Rabba
59: And the slave said to him This is what it says (Hoshea 12):
Canaan holds deceitful scales in his hand to oppress the beloved. Canaan
this is Eliezer. Holds deceitful scales in his hand for he sat and weighed
whether his daughter was appropriate or not.
To oppress the beloved to oppress the one beloved to God, Yitzchak. He said:
Perhaps he will agree and I will give him my daughter. Avraham said to him: You
are cursed, and my son is blessed, and a cursed one cannot cleave to a blessed
one.
[10]
Otherwise, the lowly among people will be held in the same esteem as those with
lofty values and morals, which will bring about the destruction of humanity.
[11]
Shemot 21:6: But if he survives for one day or two days, he shall not be
avenged, for he is his property.
[12]
That every sinner must have in this case, the master.
[13]
Deterrence for other slave masters.
[14]
This formulation is confusing, and it is difficult to understand exactly what
Rav Kook intended. It seems that what he meant was the following: There are two
principle components of punishment: 1) Revenge, as the verse says, He shall
surely be avenged and the master is therefore killed for killing his slave.
2) Repair of the world prevention of a similar event in the future. In the
case under discussion, there is room to be lenient from both perspectives. On
the one hand, opposite the need for justified revenge stands the fact that the
slave lived for a day or two; he did not die immediately from the blow, and
perhaps the blow was not even sufficient to kill. The fact that the slave was
his property further strengthens the assumption that he had no intention to kill
him, for a person does not intentionally destroy his property. On the other
hand, the purpose of repairing the world is negligible in this case for exactly
the same reason man guards his property and will surely not quickly allow his
slave to be intentionally killed. Stubborn insistence on revenge in this
instance, without taking into account compassion and the importance of repairing
the world, would be an overly radical application of the principle of
punishment. Thus, he shall not be avenged.
[15]
The Ibn Ezra writes: The verse does not write the law regarding a master who
kills his slave, for a master customarily has compassion on his property, and he
would not kill [his slave], just as he would not kill his animal. And God
commanded that when a master punishes his slave, he should not do so in a cruel
manner, but should rather let him be when he sees that his soul his departing
from his blows. If he does not cease the punishment, he should be killed, for
Gods mercies extend to all of His creations, [as we see that] regarding David
it says, And you spilled much blood (Divrei Ha-yamim
I 22:8), and those [he killed] were not of Israel. It seems to me that Rav Kook
wishes to oppose an explanation that would argue that a non-Jews blood is not
valued; the law here is unique because of the unique bond between a master and
his slave, and not for any other reason.
[16]
Bereishit Rabba 36: R. Berakhia said: Noach
was greatly pained in the ark because he had no young son to serve him. He said:
When I come out, I will beget a young son to serve me. Once Cham performed that
deed, he said: You prevented me from begetting a son to serve me; therefore, you
will be a slave to your brothers, who serve me.
[17]
R. Zevi Yehuda cites Sanhedrin 91a: When the people of Africa came to
accuse Israel before Alexander the Great, they said to him: The land of Canaan
is ours, as it says, The land of Canaan, by its borders (Bamidbar 34),
and Canaan is our father. Gaviha ben Pesisa said to the Sages: Grant me permission to argue against them
before Alexander the Great. If they are victorious, we will say that they were
victorious over a lowly individual, and if I am victorious, we will say that the
Torah of Moshe was victorious over them. They gave him permission, and he went
to argue against them. He said to them: From where do you bring proof? They said
to him: From the Torah. He said to them: Then I will also bring proof from the
Torah, as it says, And he said: Cursed is Canaan, a slave of slaves will he be
to his brothers. If a slave acquires possessions, to whom does the slave belong
and to whom do the possessions belong? Moreover, it has already been many years
since you have served us! Alexander the Great said to them: Answer him! They
said to him: Grant us three days. After the given time, they had no response.
They immediately fled, and they left their fields and vineyards after planting.
And that year was a shemitta year
[18]
Rav Kook wishes to justify the conquest of the land specifically from the
Canaanites from the perspective of Gods master plan for history, as the
Canaanites are descendants of Cham (as the Torah stresses in the story of Noachs curse And Cham, the father of Canaan, saw
[Bereishit 9:22]). It is probable that this is the hidden meaning of
Avraham Avinus dominion over the land of Canaan. In Parashat Noach, the
Torah describes how the world was divided among Noachs descendants the
children of Yefet were awarded Europe (Yavan, Greece, is from Yefet), the
children of Shem were given Asia, and the Near East in particular, and the
children of Cham were given Africa. The conquest of Canaan until the border of
Egypt was an instance of Shem overcoming a region of Cham the essential
purpose of which was bringing Canaan under the influence of the Jewish Nation as
part of the ultimate eschatological goal of uniting the world into one family.
As an aside, I will note that I think that Rav Kook intends here to
provide a positive interpretation of imperialism in general, as it is part of
the process of raising human culture and the ultimate unification, although by
crooked means.
[19]
This appears to be a reference to American Protestant movements, which often
cited the Bible as an abolitionist source.
[20]
In other words, they are correct regarding the situation at the End of Days,
when there will no longer be a need for slavery, but they are mistaken regarding
the present state, in which slavery still serves a good purpose.
[21]
Rav Kooks meaning is unclear here. Perhaps: Slavery, which has many benefits
for the world, is presently causing those of high moral stature to look
favorably upon those slaves whose morals have been elevated and upon the desire
to eliminate legal slavery.
[22]
The Sadducees say: We curse you, Pharisees, for you say that Scripture defiles
the hands and the books of Homer do not! R. Yochanan ben Zakkai said: Is that
your only claim against the Pharisees? For they say that the bones of a donkey
are pure while the bones of Yochanan the High Priest are impure! They said to
him: Their impurity accords with their belovedness, so that a person will not
make the bones of his father and mother into a decoration. He said to them:
Similarly regarding Scripture their impurity accords with their belovedness,
while the books of Homer, which are not beloved, do not defile the hands (Yadayim
4:6). The law of defilement regarding Scripture express the need to prevent the
spiritual influence of outside forces, and thus the fact that they cannot
properly impact the world except through the Jewish People.
[23]
This may be the reason for the nullification of slavery in regard to Jews (Vayikra
25:42 He should not be sold the sale of a slave), which the world must learn
from.
[24]
In other words, there is a connection between the existence of a lowly culture
and the social need for slavery, as well as a connection between technological
advance, which decreases the need for slavery, and cultural progress within the
lowly nations.
[25]
Mishlei 16:26.
[26]
Sifra, Acharei Mot 13: Like the acts of the land of Canaan to which I
am bringing you do not do Did they not know that they were coming to the land
of Canaan?... Rather, the verse teaches us that the actions of the Canaanites were more corrupt than any other nation, and the
place to which Yisrael was proceeding is more corrupt than any other.
[27]
In addition to the story of Cham in Parashat Noach, where Canaan serves
as the prototype of the nations that descend from Cham.
[28]
Kohelet 10:7.
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