Fugitive Slave Act and Deuteronomy

You shall not turn over to his master a slave who seeks refuge with you from his master.
He shall live with you in any place he may choose among the settlements in your midst, wherever he pleases; you must not ill-treat him.
לֹא-תַסְגִּיר עֶבֶד, אֶל-אֲדֹנָיו, אֲשֶׁר-יִנָּצֵל אֵלֶיךָ, מֵעִם אֲדֹנָיו.
עִמְּךָ יֵשֵׁב בְּקִרְבְּךָ, בַּמָּקוֹם אֲשֶׁר-יִבְחַר בְּאַחַד שְׁעָרֶיךָ–בַּטּוֹב לוֹ; לֹא, תּוֹנֶנּוּ.
— Deuteronomy 23:16-17 (Christian Bible number differs here*)

…any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, . . . or shall harbor or conceal such fugitive, . . . shall be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months….
–Fugitive Slave Law of 1850 (full text scroll down to “AN ACT TO AMEND…’An Act Respecting Fugitives from Justice…'”; see also Zinn Education Project)

September 18 marked the signing into law of the Fugitive Slave Act of 1850, requiring the capture and return of people who had escaped from slavery. This law meant additional danger for people who had escaped from slavery, as well as for free black people who were often misidentified, sometimes deliberately, as escapees. It also endangered those who had been aiding enslaved persons escaping to free states. Many historians note, however, that this law made it harder for people in Free States to remain “neutral” or silent in the face of mass, state-sanctioned enslavement. Forcing more citizens to recognize their complicity helped precipitate the Civil War and a formal end to legal slavery in the U.S.

Meanwhile, the Jewish calendar just prompted reading of Deut. 23:16-17 last week (Parashat Ki Teitzei, 9/14/19). So this seems a good time to reflect on these verses and what they teach about our history and our future.

Scripture and Fugitive Slaves

In opposition to the Fugitive Slave Laws, Christian abolitionists regularly referenced the verses in Deuteronomy forbidding the return to slavery of someone who had escaped (a few citations).

Pro-slavery Christians argued, to the contrary: “…the immorality attributed to the fugitive slave law resolves itself into the assumed immorality of slaveholding. No man would object to restoring an apprentice to his master;…” (see Cotton is King cited below).

Some 19th Century Christians interpreted the “fugitive slave” scriptures as referencing very limited circumstances inapplicable to then-contemporary situations. Their arguments, even when sources are not cited, suggest familiarity with traditional Jewish commentary on these verses. Many Jewish teachings, from ancient times to the present, support humane treatment of all people, call on Jews to “remember you were once slaves in Egypt,” and were interpreted in ways supportive of Abolition. These particular verses, however, appear to have been interpreted in very narrow ways, none of which would be helpful to an abolitionist.

A brief review of Jewish discourse before and during the U.S. Civil War — see, e.g., this Yeshiva University site and these brief related video histories — finds that Jews in the public sphere focused on universal human rights, rather than arguing scripture with the Christian majorities.

Jews in the Public Sphere

It is worth noting, in the context of how Jews spoke publicly, that what is now considered “American Judaism” — or, perhaps more accurately: American Judaisms — did not yet exist at the close of the Civil War. There were no major Jewish organizations in the United States until the latter part of the 19th Century:

  • the Union of American Hebrew Congregations (now the Union for Reform Judaism) was founded in 1873, and the Central Conference of American Rabbis in 1889;
  • the (Conservative) Jewish Theological Seminary was established in 1886 and the associated Rabbinical Assembly in 1901; and
  • the Orthodox Union was founded in 1898;

Other organizations, such as the immigrant aid society (HIAS), were founded decades after the Civil War was over. Most organizations that help create a public Jewish voice are far newer. The time seems overdue, however, for gathering collective Jewish energies, beginning with sacred text and its interpretations, to consider current implications of Deut 23:16-17:

You shall not turn over to his master
a slave who seeks refuge with you from his master.
He shall live with you in any place he may choose
among the settlements in your midst,
wherever he pleases;
you must not ill-treat him.

Does Deut 23:16 have implications regarding policing today?
What might Deut 23:17 mean for Reparations?

We’ve got text to study and work to do…






NOTE:
*Deuteronomy Chapter 22 has 29 verses in the Hebrew Bible, while Christian bibles have 30 verses. As a result, the same verses that Jews identify as Deut 23:16-17 are numbered 23:15-16 in Christian bibles.

Here is Fox’s translation, known for its attempt to reproduce rhythm and word-choices of the Hebrew original, to aid in discussion:

16) You are not to hand over a serf to his lord
who has sought-rescue by you from his lord.
17) Beside you let him dwell, among you,
in the place that he chooses, within one of your gates (that)
seems good for him;
you are not to maltreat him!


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Some Christian References

1836. Extracts from remarks on Dr. Channing’s Slavery, with comments, by an abolitionist. Boston. Published D.K. Hitchcock 1836 (available through archive.org). More on Channing’s Slavery by William Ellery Channing (1780-1842).

1850.A sermon on Moses’ fugitive slave bill” William Makepeace Thayer (1820-1898). Sermon.

1851. “The Duty of Disobedience to Wicked Laws: A Sermon on the Fugitive Slave Law” by Charles Beecher. Newark, NJ. (free ebook).

1855. Letter from Anthony Burns to the Baptist Church

1859. The Sin of Sending Back Fugitives from Slavery. The Oberlin Evangelist

And: Black Prophets of Justice: Activist Clergy Before the Civil War
By David E. Swift (Louisiana State Univ Press, 1989).

BUT ALSO: 1860. Cotton is King and Pro-Slavery Arguments; comprising the writings of Hammond, Harper, Christy, Stringfellow, Hodge, Bledsoe, and Cartwright, on this important subject, by E. N. Elliott… (free ebook)

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Jewish Commentary

When the Talmud (compiled by around 500 CE, including many far older traditions) discusses Deut 23:16, one interpretation is that the verse is speaking of someone who buys a slave in order to emancipate them; another is that it refers to a slave who escaped from outside the Land and sought refuge in Eretz Yisrael (Yeb 93b and Gittin 45a). Elaborations over the centuries add the assumption that the latter is meant to keep someone who sough refuge from a heath environment from being returned there.

Another thread of commentary suggests that, given the surrounding context in Deuteronomy, the verses originally referenced war-time, when slaves might use the confusion to escape (e.g., Chizkuni, 13th Century CE).

Ramban (Nahmanides), 1194-1270 Spain, combines above interpretations and then adds both a “moral” and a “practical” sense:

An escaped slave. During a siege of an enemy city, it is common for slaves and prisoners to try and escape to the “liberators.” The Torah commands Israel that such escapees must be give their freedom and permitted to settle wherever they wish in Eretz Yisrael. In the moral sense, for the nation that maintains the holiness of its camp — as required by the above passage — to send a man seeking his freedom back to a life of idolatry would be most unseemly. In the practical sense, people seeking asylum often become important allies of the invaders, because they reveal valuable information that will help in the conquest.

The only responsa on the fugitive slave law which I could find is actually the Reform Movement arguing that Deut. 23:16-17 “permits the reception of proselytes.” American Reform Responsa: Collected Responsa of the Central Conference of American Rabbis 1889-1893.
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Sacred Power: Poems, Their Translations and Their Music

As we head into the season for contemplating “the sacred power of the day” and reciting and singing U-netaneh Tokef, Admiel Kosman’s “Piyyut for Musaf of Rosh Hashanah” and the musical rendition, “Mashiv Haruach,” offer additional perspectives.

An English translation, by Aubrey Glazer, appeared in a 2007 alternative prayer book, Siddur Alternativi l’Shivim v’Edhad shirim v’Shirai Ahava (Tel Aviv: HaKibbutz Hameuchad). Not sure if the Hebrew was published simultaneously or earlier.

Atalya Lavi, cantor and soloist with Beit Tefilah Israeli, composed and recorded “Mashiv Haruach” in 2016. It is part of the congregation’s “Shevarim [broken]” collection of pieces for the high holiday season.




Beit Tefilah Israeli’s “Mashiv Haruach” link includes, along with audio of the musical setting, full Hebrew of Kosman’s poem (credited) and full English (uncredited). Kosman’s Hebrew and Glazer’s English also appear in Machzor Lev Shalem (Rabbinical Assembly, 2010) as a reading/meditation on U-netaneh Tokef.

Many English speakers will also be reminded of Leonard Cohen’s 1974 musical response to U-netaneh Tokef, “Who by Fire.” See, e.g., recent commentary, “Who Shall I Say is Calling,” from cantorial student Gabriel Snyder.

Approaching You in English

As English-speaking Jews prepare to spend so many hours with words, both Hebrew and English, in this holiday season, perhaps Kosman’s “Approaching You in English” will also resonate. In a January 2012 Tablet article, Lisa Katz shares the concluding lines:

Officially You may refuse. I know. I’m
approaching You in English this once.
But, please, be kind,

be attentive to the heart.
Even if it’s pointless,
tasteless. Please accept an offering
from me this time.

I’m pleading with You,
please understand,
don’t be offended,

even if
when I approach
I seem to You
to cross myself
— from “Approaching You in English” by Admiel Kosman
Approaching You in English, trans. by Lisa Katz and Shlomit Naim-Naor
Boston: Zephyr Press, 2011.

In her Tablet article, Katz speaks about translation generally and about Kosman’s poetry in particular:

Because I am a translator, I know that for poetry to cross language borders, it must have strong content and brilliant or at least surprising thoughts, not the province of all writers, even the very good ones. To stay at home with honor, poetry must touch a local nerve—be sensitive to both language and current affairs—which is a different thing.

A Talmud and religious-studies scholar now teaching in Berlin, who used to be considered a “religious poet,” Admiel Kosman (10 books, plus one in translation, Approaching You in English, translated in 2011 by me with Shlomit Naim-Naor) crosses most of the heavily guarded borders here, as in the title poem [quoted above].
— Katz, “Beyond Amichai”

In 2008, Katz spoke about Kosman to the Association of Writers and Writing Programs:

Even in Israel, in terms of dominant poetics, Kosman is well-known but marginal, because he uses Jewish sources to confound received thought about Israel & the Jewish religion. Even in Israel, Kosman’s broad, humanist concept of Judaism defeats the assumptions of readers who expect piety from what they believe to be religious poetry.
Power & Translation: Lisa Katz at AWP

Can You Hear Me This Time?

Katz’s above quoted speech, with many interesting things to say about what poetry gets published in its original language and in translation and why, included this plea: “If there is a publisher out there interested in a witty and political poet who uses Jewish religious texts to make his effects, please contact me.” Three years later, Zephyr put out the bilingual edition quoted above.

Here, for further background, are bits from two reviews of the anthology.

Adriana X. Jacobs in Translation Review:

Approaching You in English offers a selection of poems spanning more than thirty years of Kosman’s oeuvre, which includes nine volumes, from the 1980 publication of And Then the Act of Poetry (Ve-acharei mora’ot ma’ase ha-shir) to the 2012 collection You’re Awesome (Keta’im itkha). But Katz and her co-translator Shlomit Naim-Naor eschew chronology, rearranging the selected poems to create an entirely different order and, in the process, a collection that exists only in English. Readers looking for a timeline of Kosman’s work will be disappointed that the translators neither note the specific collection from which the poems are taken nor date uncollected poems. The lack of a chronological order questions the very efficacy of a selected poems collection. Charting the development of themes, ideas, or style in a poet’s corpus is almost impossible to map without offering readers the possibility of consulting every single poem a poet has written, something that is rarely available in translated volumes. There are a number of reasons for this, but foremost is that translators are often tasked with curating an author’s work for its most “representative” pieces, taking the translatability of a given work into consideration (which is highly contingent on the translator/editor and his or her abilities, interests, and needs).
— Adriana X. Jacobs (2013): Approaching You in English by Admiel Kosman. Translation Review, 85:1, 72-77

E.C. Belli in Words Without Borders:

What this means in practical terms for the poems in this collection is not a reluctance but a downright refusal to be boxed in. The first poem, “What I Can,” an anaphora-based ars poetica, makes it clear from the start: “I can write poems from sand, water and mud./ On the table I’ve written poems/ made of small pieces and crumbs of words”; and later, “I am writing poems now made of potatoes,/ sickly poems,/ ones that wound and tear and do harm, about my childhood about shame/ about rare/ sensitivities and I can write poems for you and brush them off as if nothing/ had ever happened then,/ a series of ornamental poems.”

Kosman’s materials are many. His topics range from writing poems to relationships to sex to women (handled magnificently with what one might call a very gender-light touch, a touching respect) to God to Jewish texts to life in Israel to Israeli-Palestinian politics. He even touches upon language, specifically English, which he takes a few friendly jabs at: “Please, I’m encroaching on Your generosity in English this time”; and later, “Please, won’t You be so kind and understand me this once/ in a broken foreign tongue […] Can You hear me this time? In the language of non-Jews?” (“Approaching You In English”).
Feb 2012 issue of Words Without Borders



More on Admiel Kosman
Another Kosman poem was translated for this podcast; skip to 5:30 for the poem

Who by Fire?

Leonard Cohen (1934-2016). Lyrics, from the 1974 album “New Skin for the Old Ceremony,” with some interesting commentary at Genius. Dublin 2012 performance on YouTube.

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Gathering Sources: Nitzavim

Sources for exploring the Torah portion, Nitzavim, Deut 29:9-30:20 — also spelled Nitsavim and Netzavim, sometimes Nitzabim or Nesabim. Nitzavim is next read in the Diaspora beginning with minchah September 21, through Shabbat September 28.

This is part of a series of weekly “gathering sources” posts, collecting previous material on the weekly Torah portion, most originally part of a 2010 series called “Opening the Book.”

Great Sources: Choice Gifts
Something to Notice: There and Not
Language and Translation: Niphleiot
A Path to Follow: To Turn

See Also:
You are ALL Standing with Ariel Samson: Freelance Rabbi &Co

Gathering Sources: Ki Tavo

Some resources for exploring the Torah portion Ki Tavo (Deut 26:1-29:8) — also sometimes spelled Ki Thavo, Ki Tabo, Ki Thabo, or Ki Savo. Next read in the Diaspora beginning with minchah on September 14, through Shabbat September 21.

This is part of a series of weekly “gathering sources” posts, collecting previous material on the weekly Torah portion, most originally part of a 2010 series called “Opening the Book.”

Great Sources: Garments in the wilderness
Language and Translation: Removed, Cleared Out, Rooted Out
Something to Notice: First Fruits
A Path to Follow: Arami Oved

See also:
Prayer Links: Hearts, Eyes, Ears

Photo by Manuela Kohl on Pexels.com

How?! Is the World Like A Poem?

We are about to leave the month of Av — with its mournful cry of “eichah/how?!” — and enter the month of Elul, the final one of the old year. As we make this transition, a few more words about a poem, a poet, and a translator I first encountered during this past year.

The Hebrew poem, “Ka-shir ha-‘olam [The world is like a poem], by the U.S.-based writer, “Annabelle Farmelant, z”l, first appeared in the journal Gilyanot, in 1949, and later in the 1960 Iyyum bodedim (Desert Islands). Here is a 2016 translation by Adriana X. Jacobs:

“The World is Like a Poem”

The world is like a poem
in all its glory,
even in the thick of its aches
terrors and cries
its grandeur is reflected.
Man [ha-adam] enters the world like a wanderer
Like a wanderer man enters the world
and declares that he will roam
always, always.
But how — he asks — just how*
does beauty rule a poem
when a line is erased?
How does splendor** shine
when its form is wiped out?
Man is not in these things
for a poem’s beauty is not in a line
an unnamed [lo-karu] wanderer
in the world’s splendor**
Women’s Hebrew Poetry on American Shores, p.149

*Eichacha — yisheil — eichacha.Eichacha” is an unusual form of “how.” The Evan Shoshan Concordance lists 78 occurrences of eich/eichah, plus four instances of “אֵיכָכָה eichachah: two in the Book of Esther and two in Song of Songs.
**”Tifereth” is a feminine word for an attribute of the divine, one right at the center of the Kabbalist tree of life.
tiferet ba-olam. splendor in the world.
tiferet ha-olam. splendor of the world.

The translation is Jacobs’ (see below), but these footnotes are mine.

Unnamed?

Jacobs often writes about the translator’s role in rendering poetry, generally, and more specifically about the poet-translator’s role in modern Hebrew literature. (See Strange Cocktail: Translation and the Making of Modern Hebrew Poetry. Ann Arbor, MI: University of Michigan Press, 2018; preview on Google Books; related articles via Academia.edu.)

Farmelant was something of an outlier in Hebrew poetry due to time, gender, and geography. And Jacobs shares some of her process around translating her work in “Hebrew on a Desert Island: The Case of Annabelle Farmelant” (Studies in American Jewish Literature, Volume 34, Number 1, 2015, pp. 154-174 — also available via Academia.edu).

In her introductory remarks in Women’s Hebrew Poetry on American Shores, Jacobs speaks about the poem, “The World is Like a Poem”:

I understood wandering to mean the ways in which a poem circulates through time and place, how it is exchanged between readers, and also how it travels in and through translation….

But in what way is the poem “unnamed”? I thought of how translating a poem simultaneously assumes and undermines the poet’s authority by replacing her textual voice with my own but at the same time acknowledges that whatever origins the original text could claim — the influences and materials that brought it into being — can no longer be claimed….
— Jacobs, p.103

I read the line she is discussing differently, however. Perhaps because I have quite a few years on Jacobs, or maybe because I spent an evening this past week at an event highlighted by GoGo performers known as “Uncalled 4 Band.”

Unnamed? Uninvited? “Uncalled 4”?

As with my reading of Farmelant’s “Skyscraper,” I suspect that our different takes are probably colored by our age (I have decades on Jacobs, although I am quite a bit younger than Farmelant was). For someone who grew up female in the middle of the 20th Century reading “lo-karu” as “not invited” makes a great deal of sense.

The penultimate line of the poem in Hebrew —
והוא הלך לא-קרוא
is translated by Jacobs as “an unnamed wanderer.”
But קרוא can also has the meaning of “called, summoned, invited.” We were so often not unwanted in, even prohibited from, physical and intellectual spaces back then. So, I thought that, like the wandering earthling [ha-adam], the poem is trying to manage in a world which really hasn’t room for it, whose beauty is so easily erased:

??”And he walks uninvited — or uncalled for — in the world’s splendor.”??

Elul and the World Like a Poem

As we enter the month of Elul, our language shifts from “how!?” to more specific seeking as we prepare for the new year and begin reciting Psalm 27 through the season of repentance and return:

One thing I ask YHVH, only that do I seek:
to live in the house of YHVH all the days of my life,
to gaze upon the beauty of YHVH to frequent God’s temple.
…In Your behalf my heart says: “Seek My face!”
O LORD, I seek Your face.
— Psalm 27:4, 8

Farmelant’s poem includes that “how?!” — how, he asks, will this work? — but also offers some thoughts about one’s place in the world, a world of splendor, even “in the thick of its aches, terrors and cries.”


With gratitude to Jacobs for making Farmelant accessible…like many readers of Hebrew in translation, I can puzzle out words here and there, recognize biblical and rabbinic allusions, but I would find a whole volume of Hebrew poetry formidable…and for so many ideas about Hebrew literature more generally.

And in memory of Annabelle (Chana) Farmelant, who died shortly after I last wrote about her poetry for Shavuot and whom I find myself missing, though I never had the opportunity to meet her.

NOTES

Translations by Adriana X. Jacobs, Women’s Hebrew Poetry on American Shores: Poems by Anne Kleiman and Annabelle Farmelant. (Detroit: Wayne State University Press, 2016). See also: information on Farmelant, including an article on her work by Jacobs.

In 1960, Annabelle Farmelant, z”l, a U.S.-based writer, who was living at the time in Israel, published a book of Hebrew verse called Iyyum bodedim (Desert Islands). A second volume, Pirchei zehut (Flowers of Identity), was released in 1961. Shortly afterward Farmelant returned to the U.S. and abandoned the writing of poetry in any language; she lived in New York City until her passing, on June 14, 2019, at age 93. In 2016, Adriana X. Jacobs published translations of her poems in Women’s Hebrew Poetry on American Shores: Poems by Anne Kleiman and Annabelle Farmelant. (Detroit: Wayne State University Press, 2016).
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Gathering Sources: Shoftim

Some resources for exploring the Torah portion Shoftim, Deuteronomy 16:18-21:9. (Sometimes spelled Shof’tim or Shofetim.) Next read in the Diaspora beginning with minchah on August 31, through Shabbat September 7.

This is part of a series of weekly “gathering sources” posts, collecting previous material on the weekly Torah portion, most originally part of a 2010 series called “Opening the Book”:

Something to Notice: You must not go back that way
A Path to Follow: Wanton Destruction
Great Source(s): Duties of the Heart
Language and Translation: Whole-Hearted

See also:

Justice: God’s Promise or Ours? (Shoftim Prayer Links)

Gathering Sources: Re’eh

Some resources for exploring the Torah portion Re’eh, Deut 11:26-16:17– (Wikipedia says this is also spelled: Reeh, R’eih, or Ree). This is part of a series of weekly “gathering sources” posts, collecting previous material on the weekly Torah portion, most originally part of a 2010 series called “Opening the Book.” Re’eh is next read in the Diaspora beginning with minchah, August 24 and continuing through Shabbat August 31.

Something to Notice: Protecting Us from Ourselves
A Path to Follow: The Three Weeks and the Seven
Language and Translation: Knowing
Great Source(s): Walking behind the Presence

See also: Awaiting the Harvests: Prayer Links for Re’eh
Learning to See — Opportunity Maps (August 20, 2017)