דברים, פרק כ״ג, פסוק ט״ז

The laws of warfare and society present a revolutionary moral vision regarding asylum seekers, standing in stark contrast to the norms of the ancient world. While slaves were universally considered absolute property to be returned to their owners, the Torah grants political and spiritual refuge to a person escaping bondage, weaving together military ethics, human compassion, and the holiness of the Land of Israel. The primary approach among commentators views this as a continuation of the military regulations. During a military campaign, an enemy’s slave might flee to the Israelite camp [ספורנו, חזקוני, אברבנאל, ביאור יש"ר]. The instruction is absolute: he must not be surrendered back to his gentile master [רש"י, מזרחי, שפתי כהן, נתינה לגר], nor should the Israelites be tempted to return him in exchange for a ransom or financial bribe [רמב"ן, הטור הארוך, אברבנאל].

Commentators offer several reasons for this prohibition. From a spiritual standpoint, if an individual chooses to seek refuge in the Israelite camp to convert and shelter under the Divine presence, it would be an affront to God's honor to force him back into a life of idolatry [אבן עזרא, רמב"ן, ביאור יש"ר, אברבנאל]. This protection is specifically granted to one who flees out of a sincere desire to draw close to God and live a holy life, rather than merely seeking an escape from harsh labor [העמק דבר]. Morally, this demonstrates profound compassion, highlighting the vast difference between the Torah's humane approach and the cruelty of the institution of slavery among other nations [שד"ל, רש"ר הירש]. Additionally, there is a practical security concern: returning captives or slaves could endanger the Israelite camp, as they might reveal secret access routes or vulnerabilities to the enemy [רמב"ן, אברבנאל].

Alongside the military context, a broader perspective based on rabbinic tradition applies this law to peacetime and internal Jewish affairs. In this scenario, the escaped individual is a Canaanite slave who fled from a foreign country into the Land of Israel [רש"י, רמב"ן, רבינו בחיי, תורה תמימה, רלב"ג, מלבי"ם, רש"ר הירש, ברכת אשר ועוד]. Regardless of whether the master is Jewish or not [ביאור שטיינזלץ], the rabbinic court is absolutely forbidden to send the slave back abroad. This ruling stems from a deep love and reverence for the holiness of the Land of Israel. Remaining in the Land allows the individual to observe the commandments tied to the soil and rescues him from dwelling in an impure foreign land, which would prevent him from fulfilling many religious obligations [רמב"ן, הטור הארוך, בכור שור, ברכת אשר]. To resolve the financial loss, the court compels the master to write a document of emancipation, elevating the slave to the status of a righteous convert, while the former slave writes a promissory note committing to repay his master his monetary value [רבינו בחיי, רש"ר הירש, שפתי כהן].

Beyond the historical and legal dimensions, commentators discover profound spiritual messages regarding the relationship between humanity and God. The asylum granted to the slave serves as a symbol of God's mercy toward those who repent. Just as it is forbidden to surrender an escaped slave to his master, when a person repents and flees from his sins, God does not surrender him to the accusing angels. Instead, He creates a pathway for him beneath the Throne of Glory, accepting him with love and seating him by His side [שפתי כהן]. Furthermore, a powerful moral lesson is drawn from the juxtaposition with the preceding instructions, which warn the Israelites to maintain the sanctity of their camp so that God will not turn away from them. If the Torah commands us not to reject a flesh-and-blood slave who seeks shelter in our shadow, we are certainly warned not to commit evil deeds that would drive away the presence of God—the Master of all, who graciously chose to leave the upper heavens to dwell among us [אלשיך].