Deuteronomy 23:16 - Protect the fleeing servant

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Hebrew Text

לֹא־תַסְגִּיר עֶבֶד אֶל־אֲדֹנָיו אֲשֶׁר־יִנָּצֵל אֵלֶיךָ מֵעִם אֲדֹנָיו׃

English Translation

Thou shalt not deliver to his master the servant who is escaped from his master to thee:

Transliteration

Lo-tasgir eved el-adonav asher-yinatzel elekha me'im adonav.

Hebrew Leining Text

לֹא־תַסְגִּ֥יר עֶ֖בֶד אֶל־אֲדֹנָ֑יו אֲשֶׁר־יִנָּצֵ֥ל אֵלֶ֖יךָ מֵעִ֥ם אֲדֹנָֽיו׃

Parasha Commentary

Verse Context and Source

The verse (Devarim 23:16) appears in the Torah's discussion of ethical and interpersonal laws. It prohibits returning an escaped slave to his master, reflecting the Torah's broader concern for human dignity and compassion.

Rashi's Explanation

Rashi explains that this verse refers specifically to a non-Jewish slave who flees from his master in a foreign land and seeks refuge in Eretz Yisrael. The Torah commands us not to return him to his oppressive situation, teaching that the sanctity of the Land provides protection even for non-Jewish servants.

Rambam's Halachic Perspective

In Hilchot Avadim (8:10), Rambam rules that this prohibition applies whether the master is Jewish or non-Jewish. He emphasizes that we must allow the escaped slave to dwell wherever he chooses in the Land, demonstrating Judaism's commitment to personal freedom and opposition to oppression.

Talmudic Discussion

The Gemara (Gittin 45a) discusses this verse in the context of the broader principle of "darkhei shalom" (ways of peace), showing how this law promotes peaceful relations between people. The Sages derive from here that we must show compassion even to those who might be considered outsiders.

Midrashic Insights

Mechilta (Mishpatim 21) connects this verse to the broader theme of the Exodus, noting that just as Hashem liberated us from slavery, we must extend that same compassion to others.
Sifrei (Devarim 258) emphasizes that this mitzvah applies even if the master comes from a nation with whom we have peaceful relations.

Philosophical Implications

This verse teaches fundamental Jewish values about human dignity. The Netziv (Ha'amek Davar) explains that it demonstrates how the Torah's legal system transcends political boundaries when it comes to protecting basic human rights. The prohibition stands regardless of diplomatic considerations, showing the primacy of ethical principles.

Contemporary Application

While the specific case of slavery no longer applies in the same way, modern poskim derive from this verse principles about protecting refugees and those fleeing oppression. The underlying value of compassion and protection for the vulnerable remains eternally relevant.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Gittin 45a

The verse is discussed in the context of the laws regarding the return of a runaway slave, emphasizing the prohibition against returning a slave who has fled to a different jurisdiction.

Frequently Asked Questions

Q: What does Deuteronomy 23:16 mean about returning an escaped servant?
A: Deuteronomy 23:16 teaches that if a servant escapes from their master and comes to you for refuge, you are forbidden to return them to their master. This law emphasizes compassion and the protection of those fleeing oppression. Rashi explains that this applies even to a non-Jewish servant escaping from a foreign land to seek refuge in Israel.

Q: Why is it forbidden to return an escaped servant according to the Torah?
A: The Torah prohibits returning an escaped servant to highlight the importance of kindness and justice. The Rambam (Hilchos Avadim 8:10) explains that this law prevents cruelty and encourages a society where people can seek safety. The Talmud (Gittin 45a) also discusses this as a way to promote ethical treatment of all individuals.

Q: Does Deuteronomy 23:16 apply today?
A: While the specific laws of servitude in the Torah are not practiced today, the principle of protecting those fleeing oppression remains relevant. Jewish tradition teaches that the ethical lessons of the Torah, such as compassion and justice, are timeless. The verse reminds us to help those escaping difficult situations, aligning with the broader Jewish value of tzedakah (charity) and chesed (kindness).

Q: What can we learn from Deuteronomy 23:16?
A: This verse teaches us the importance of protecting vulnerable individuals and standing against injustice. The Midrash (Sifrei Devarim) connects this law to the broader Jewish mission of creating a just society. It reminds us to act with mercy and not to enable oppression, reinforcing the Torah's emphasis on human dignity.