Breaking the Downward Spiral – Behar 5779

We constantly hear about the tremendous disparities in wealth between the ultra rich and everyone else.  Just this morning, the front page article in the Mercury News reported that Elon Musk received $2.29 billion(!) in compensation in 2018.  

Parashat Behar presents an economic system that recognizes the inevitability of wealth disparities, but strives to prevent those disparities from becoming locked in across generations.  In the course of prescribing economic resets every fifty years, the Yovel system abolishes the enslavement of Israelites by their fellow Israelites.

Underlying the concept of the Yovel is God’s ownership of the land.  Humans are entitled to settle and work the land, but at no point are we to be considered its owners.  At the time of the Israelites’ settlement of Canaan, the land was apportioned among the tribes, and further subdivided according to clans and families.  This allotment is meant to be eternal.

A farmer who possesses a field owns the produce that the field yields, but not the field itself.  The Yovel, or Jubilee, occurs every fifty years.  The entire land remains fallow, like in a sabbatical year.  In addition, all land returns to the original owners or their descendants.

The Yovel system recognizes that some landholders will be successful, while others will fail.  In three stages, it describes the gradual descent into poverty of a farmer who is not so fortunate. (Jacob Milgrom, Leviticus: A Continental Commentary.)

In the first stage (25:25-28), a farmer has a bad year and does not have enough money to purchase seed to plant on his land.  He takes out a loan.  Then the crop fails, and he finds himself unable to pay his debt.  He sells part of his land for the estimated value of the number of harvests from now until the Yovel year.  In effect, he has leased the land. If his luck turns around, however, he retains the right to repurchase the land at any time.  Not only that, but his closest relative has an obligation, if he can afford it, to redeem the land so as to keep it in the family to which it was originally apportioned.

In stage two (25:35-38), the farmer has not been able to redeem it, and his crops have failed on his remaining land.  He takes out another loan to pay for seed, and he defaults again.  He now must turn over all of his remaining land to the creditor who owns his debt.  But, he gets to remain on the land as a tenant farmer.  The new owner lends him seed to work the land, and he pays off his debt using proceeds from the harvest.  The creditor is not allowed to charge any interest for the loan.  If the farmer succeeds in paying off the loan, he gets his land back.  If not, it reverts to him anyways in the fiftieth year.

In stage three (25:39-43), things are even worse for the farmer.  His crops have continued to fail and he can no longer feed himself and his family.  In this case, he enters the his creditor’s household as an employee.  He is no longer entitled to any of the profits from the land. But he is not a slave.  The creditor must pay him wages, which the farmer uses to repay his debts.  In the fiftieth year, he goes free and gets his land back.  The creditor is not allowed to treat the farmer like a slave, and is forbidden from mistreating him.

This story of a farmer’s financial decline is quite sophisticated.  It depicts a downward economic spiral in which his options gradually narrow due to increasing poverty and debt. This model of the economic downward spiral has not changed much over the past three thousand years, on both the personal, and macroeconomic level.  When an individual or a nation becomes impoverished, or as is often the case, starts out impoverished, it is almost impossible to rise.

What is unique in the Yovel system, however, is that the farmer retains inalienable rights throughout his decline.  He can repurchase the land at any time.  He does not pay interest on his loans.  He goes free in the fiftieth year.  The Yovel system recognizes that we cannot prevent a person from experiencing bad fortune, whether deserved or not.  But we can have a society and an economy that does everything possible to rehabilitate that person.

The Yovel was not a pipe dream utopia.  It was written to be implemented.  It should come as no surprise to learn that it was never successfully put into practice.  It is a timeless, universal principle that those who have wealth will always resist efforts by others to take it away from them.

That is why we find the prophets constantly complaining about the gross economic inequalities in Israelite society and the crushing burden of debt on those who are least able to handle it. The Book of Proverbs astutely observes that “The rich rule the poor, and a borrower is a slave to a lender.”  (Pr. 22:7)  It is as true now as it has always been.

But there are some positive developments taking place that are attempting to break the downward spiral. One of the ostensible purposes of the criminal justice system is the rehabilitation of those who have broken the law.  At all levels, we are terrible at it.  Recidivism rates, the likelihood that someone released from prison will return, are over 60%, which is unacceptably high.  There are many factors.

One important correlation is that prisoners who are able to gain employment after release are less likely to commit crimes in the future.  But of course, the stigma associated with being a former criminal makes it extremely difficult to get a job.  Thus, the downward spiral continues. with no Yovel to break the cycle.

The bipartisan First Step Act, which the President signed into law in December, aims to address this problem by creating more incentives for prisoners to undergo job training while in prison so that they will be better prepared to enter the work force right away.  Time will tell if it will make a difference.

Another increasing problem is the student debt crisis.  Americans owe more than $1.5 trillion in student loan debt, a number which has risen disproportionately over the past decade.

A person who is saddled by debt before even entering the work force is going to have a much harder time getting ahead than one who is not.  A young adult who graduates with debt delays achieving life milestones like getting married, having children, and purchasing a home.  The pressure of debt limits the choices and risks that a person can take.

Last week, billionaire investor Robert F. Smith made a surprise gift to the graduating class of Morehouse College, a historically black men’s liberal arts college in Atlanta.  “We’re going to put a little fuel in your bus,” he pledged as he announced that he would pay off the student loans of this year’s entire graduating class.

This is especially significant because African American college students graduate with greater amounts of student debt than any other group.  In addition, over the course of a career, an African American worker with a college degree can expect to earn close to a million dollars less than his or her white counterpart. 

In making his generous gift, Robert F. Smith is betting that these graduates will have an easier time getting started on their careers, and will, over the long run, achieve greater success and contribute more to the economy and their communities, and will be able to pass along more opportunities to their children in the next generation.

These two developments, which remove barriers to getting ahead, will make a difference in  thousands of lives.  One is a change in government policy that aims to break the cycle of crime.  The other is an inspired action by a private citizen to give a push forward to an entire class of new graduates. But there is so much more that could be done at every level to relieve the pressures that hold people back.

The Yovel‘s system of wealth redistribution would have significantly flattened the wealth disparities between the well off and the struggling, and would have ended multi-generational poverty.

It didn’t work.

But it does inspire us with a vision of how to treat each other with dignity, how to remove barriers that prevent people from succeeding, and how to break the downward spiral of debt and poverty.