Deuteronomy 23:17 - Protect the stranger's chosen dwelling

Deuteronomy 23:17 - דברים 23:17

Hebrew Text

עִמְּךָ יֵשֵׁב בְּקִרְבְּךָ בַּמָּקוֹם אֲשֶׁר־יִבְחַר בְּאַחַד שְׁעָרֶיךָ בַּטּוֹב לוֹ לֹא תּוֹנֶנּוּ׃

English Translation

he shall dwell with thee, among you, in that place which he shall choose in one of thy gates, where it likes him best: thou shalt not oppress him.

Transliteration

Imcha yeshev b'kirbecha bamakom asher yivchar b'achad shearicha batov lo lo tonenu.

Hebrew Leining Text

עִמְּךָ֞ יֵשֵׁ֣ב בְּקִרְבְּךָ֗ בַּמָּק֧וֹם אֲשֶׁר־יִבְחַ֛ר בְּאַחַ֥ד שְׁעָרֶ֖יךָ בַּטּ֣וֹב ל֑וֹ לֹ֖א תּוֹנֶֽנּוּ׃ {ס}        

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Parasha Commentary

Context and Source

The verse (Devarim 23:17) discusses the treatment of an eved ivri (Hebrew indentured servant) who chooses to remain with his master after the six-year term of servitude has ended. The Torah mandates that the master must treat him with dignity and fairness, allowing him to dwell where he pleases without oppression.

Rashi's Explanation

Rashi (Devarim 23:17) explains that the phrase "בַּמָּקוֹם אֲשֶׁר־יִבְחַר" ("in the place which he shall choose") means the servant has the right to select where he wishes to live within the master's property. Rashi emphasizes that the master may not force him to live in an undesirable location, such as near a tannery (which was considered unpleasant due to odors), demonstrating the Torah's concern for human dignity.

Rambam's Legal Perspective

In Hilchos Avadim (Laws of Servants 3:12), the Rambam codifies this law, stating that the master must provide the servant with living conditions equal to his own. The phrase "לֹא תּוֹנֶנּוּ" ("thou shalt not oppress him") prohibits both financial exploitation (ona'as mammon) and verbal oppression (ona'as devarim), as derived from Vayikra 25:17.

Talmudic and Midrashic Insights

  • The Gemara (Kiddushin 22a) discusses the servant's right to choose his dwelling, linking it to the broader principle of treating servants with compassion, as they are "children of Avraham, Yitzchak, and Yaakov."
  • The Midrash (Sifrei Devarim 259) interprets "בַּטּוֹב לוֹ" ("where it likes him best") as requiring the master to accommodate the servant's preferences, reinforcing the idea that servitude does not negate basic human rights.

Moral and Ethical Lessons

This verse teaches the importance of kavod habriyos (human dignity) even in hierarchical relationships. The servant's autonomy in choosing his dwelling reflects the Torah's broader emphasis on compassion and justice, ensuring that economic or social subjugation does not lead to dehumanization.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Deuteronomy 23:17 mean?
A: This verse instructs the Jewish people to allow a person (often understood as a convert or a non-Israelite living among them) to dwell peacefully in any city they choose, without being oppressed. The Torah emphasizes kindness and fair treatment toward those who live among the Jewish community.
Q: Why is it important not to oppress someone who chooses to live among us?
A: The Torah values kindness and justice for all people, including non-Israelites who live among the Jewish people. Rashi explains that oppression is forbidden because it goes against the ethical foundations of the Torah. The Rambam (Hilchos De'os 6:4) also teaches that we must treat others with compassion, as this reflects the sanctity of the Jewish people.
Q: How does this verse apply today?
A: Today, this verse teaches us to treat all people—including converts, guests, or non-Jews living in Jewish communities—with fairness and respect. The Talmud (Bava Metzia 59b) discusses the importance of ethical treatment of others, reinforcing that Jewish law demands kindness and justice in all interactions.
Q: What can we learn from Deuteronomy 23:17?
A: We learn the importance of hospitality and justice. The Midrash (Sifrei Devarim) highlights that allowing someone to live where they choose without oppression reflects the Torah’s values of compassion. This teaches us to create welcoming and fair communities.
Q: Who is the verse referring to when it says 'he shall dwell with thee'?
A: Traditional Jewish commentators, including Rashi, explain that this refers to a 'ger toshav' (a resident alien) or a convert who lives among the Jewish people. The Torah ensures their right to live peacefully in any city they prefer, without suffering mistreatment.