This Passover season, I've been thinking about what the laws and traditions surrounding the holiday have to say about what it means to be, or rather to
become free. If we closely examine God's commands and messages to the Children of Israel before the Exodus, I believe the Torah conveys a powerful and consistent vision of what constitutes the basis of a free society.
In that vein, let us consider how the Torah describes God's command to the nascent Jewish people for the first paschal sacrifice, given shortly before He rescued us from slavery in Egypt. (I draw heavily in what follows on R. Samson Raphael Hirsch's Torah commentary.)
In Exodus 12:3-6, God tells Moses and Aaron:
ג דַּבְּרוּ, אֶל-כָּל-עֲדַת יִשְׂרָאֵל לֵאמֹר, בֶּעָשֹׂר, לַחֹדֶשׁ הַזֶּה: וְיִקְחוּ לָהֶם, אִישׁ שֶׂה לְבֵית-אָבֹת--שֶׂה לַבָּיִת. | 3 Speak unto all the congregation of Israel, saying: On the tenth day of this month they shall take for them every man a lamb for their parental house, a lamb for a each house; |
ד וְאִם-יִמְעַט הַבַּיִת, מִהְיוֹת מִשֶּׂה--וְלָקַח הוּא וּשְׁכֵנוֹ הַקָּרֹב אֶל-בֵּיתוֹ, בְּמִכְסַת נְפָשֹׁת: אִישׁ לְפִי אָכְלוֹ, תָּכֹסּוּ עַל-הַשֶּׂה. | 4 and if the household be too few for a lamb, then shall he and his neighbor close to his house take one according to the number of people; according to every man's eating ye shall make your count for the lamb. |
ה שֶׂה תָמִים זָכָר בֶּן-שָׁנָה, יִהְיֶה לָכֶם; מִן-הַכְּבָשִׂים וּמִן-הָעִזִּים, תִּקָּחוּ. | 5 An unblemished male lamb, one year old shall ye have; ye shall take it from the sheep, or from the goats; |
ו וְהָיָה לָכֶם לְמִשְׁמֶרֶת, עַד אַרְבָּעָה עָשָׂר יוֹם לַחֹדֶשׁ הַזֶּה; וְשָׁחֲטוּ אֹתוֹ, כֹּל קְהַל עֲדַת-יִשְׂרָאֵל--בֵּין הָעַרְבָּיִם. | 6 and ye shall keep it safeguarded until the fourteenth day of this month; and the whole assembly of the congregation of Israel shall slaughter it at dusk. |
There are a number of odd and apparently unnecessarily verbose phrasings in this passage that demand explanation.
First, why is the command to take a lamb phrased in a roundabout and repetitive way, "they shall take for them, every man a lamb," instead of simply saying, "take a lamb"?
Second, while we can understand that the command must single out the "house", due to the (later) command to paint the blood on the doorpost of the house, why the repetition of "parental house ... each house"?
Third, why the detail in verse 4 of what to do if a household doesn't have enough people to consume an entire lamb? Isn't this just a practical issue of how to implement the command?
Fourth, why the seeming redundancy of "neighbor" and "close to his house"?
Fifth, why the command to take the lamb on the tenth of the month and keep it until the fourteenth of the month - why not more simply say to take the lamb before the fourteenth (to have it ready) and then slaughter it on the fourteenth? And why the phrase "keep it safeguarded," which implies that the keeping is not merely instrumental, but itself constitutes an essential part of the command?
All in all, an oddly worded and strangely verbose passage. On the face of it, the Torah could have more simply said:
ג דַּבְּרוּ, אֶל-כָּל-עֲדַת יִשְׂרָאֵל לֵאמֹר: קְחוּ שֶׂה לַבָּיִת. מִן-הַכְּבָשִׂים וּמִן-הָעִזִּים תִּקָּחוּ תָמִים זָכָר בֶּן-שָׁנָה; | 3 Speak unto all the congregation of Israel, saying: Take a lamb for each house. It must be an unblemished male sheep or goat, one year old. |
ד וְשָׁחֲטוּ אֹתוֹ בּאַרְבָּעָה עָשָׂר יוֹם לַחֹדֶשׁ בֵּין הָעַרְבָּיִם: | 4 They shall slaughter it on the fourteenth of the month at dusk. |
Simple and to the point. So why all the extraneous detail? Why the unnecessary complexity and repetition? It almost seems as thought the Author of the Torah was getting paid by the word.
In fact, if we see this passage as more than just a sacrificial command, but rather as setting the foundations for a polity of free people, it all falls into place.
The command to make the paschal sacrifice begins by addressing the people as a whole, but quickly shifts the command to the
individual, who is referred to as an "
אִישׁ", a term that, in the Tanakh, refers to a person of dignity and stature. At this seminal moment, when the family of Jacob, after many generations, is about to become a free people, the entire congregation is told that the fundamental unit of the nation is the
individual. Not a glorious leader, not an august council of noblemen, not an all-powerful administrative State. But each and every person, from the highest to the lowest. Each and every person, with their own inherent dignity and importance.
The individual is not subservient to the nation or the king, as every developed society of the time would claim, but the nation is a collection of
free persons, whose individual freedom is the basis for the freedom of the people as a whole.
Each of these free persons is also to have the ability to own
personal property - "
וְיִקְחוּ לָהֶם", they shall
take for themselves a lamb. The lamb will be each person's personal property. Heretofore, these slaves had no ability to own anything; even their very bodies were not their own property. With this command, God returned each and every one of them the essential human dignity that comes from the ability to acquire and possess personal property.
And yet, the vision is not of an atomized society which is a mere collection of self-sufficient self-seeking individuals in an ur-libertarian dream. Each upright, dignified individual is to be part of a "
בֵית-אָבֹת", an ancestral/familial house, a group of related people caring for each other. There are to be connections and associations between people that are lasting, that are more than merely transactional and of the moment - the term "
אָבֹת" denotes one's ancestors, a connection to one's history. Society is to be made up of historically-rooted families, each with a sense of continuity and of tradition.
So does the Torah seek to design a society which is a mere federation of (probably) rival clans? A tribal society where family loyalties trump all else? Certainly not! Each family unit is also to share with its neighbors, those
close to it. The term "
שְׁכֵנוֹ", his neighbor, refers to others who live nearby, in spatial proximity, regardless of how similar or different they may be. The other phrase, "
הַקָּרֹב אֶל-בֵּיתוֹ", near to his household, to not be redundant must refer to a
personal closeness and affinity. Hence we see two great principles of
association - we are to be connected to and concerned with the welfare of our neighbors and our locality, and at the same time, to be free to associate with those with whom we ourselves feel close, regardless of what the rest of society may have to say. These principles, of seeking the welfare of one's community, and of freedom of association, are, together with the basic family unit, the foundations of what is known as
civil society, that set of local and often informal institutions and associations that mediate between the individual and the state.
And just as individualism is paramount and yet not absolute, so too personal property. The command was to take a lamb, invent (from the slave's perspective) personal property, several days
before its commanded use, and then also to
care for, preserve, and protect it. We were to be instilled from the very beginning with an ethic of property. Ownership is not the right to do anything one wants, willy-nilly, with one's property, but also entails responsibilities. Ownership is
stewardship, a responsibility for proper care and guardianship (
מִשְׁמֶרֶת) of the property, so that it can be used for proper and productive ends.
Thus we see how God's command to sacrifice a lamb on the eve of redemption, is not a mere ritual. It establishes a foundational ethic for a new kind of society, one based on the sanctity of the individual, the household, private property, and human relationships. Some three millennia before the birth of
John Locke, the Torah set forth inviolable principles for establishing a free society - the protection of life, liberty, and property, and the freedom of association.