פרשת משפטים תש"ג - אלמנה ויתום, והלוואה

Ye shall not afflict any widow, or fatherless child.

כל אלמנה ויתום לא תענון YOU SHALL NOT AFFLICT ANY WIDOW, OR FATHERLESS CHILD — That is also the law regarding any person, but Scripture is speaking of what usually happens and therefore mentions these in particular, for they are feeble in defensive power (i. e. they have no one to protect them) and it is a frequent occurrence for people to afflict them (Mekhilta d'Rabbi Yishmael 22:21).

You must not mistreat any widow. This applies even if the widow is wealthy because she feels vulnerable nevertheless and is easily brought to tears.

A man is obliged to watch out for orphans and widows, for their soul is very lowly, and their spirit humble even though they be wealthy in money, even though they be the widow and orphans of a king, we are charged concerning them, for it is said: "Ye shall not afflict any widow or fatherless child" (Ex. 22.22.). What, then, are the rules of conduct toward them? One must not speak to them save in soft words; not to treat them in any way, save in an honorable way; not to pain their body with labor, nor their heart with hard words; to be careful with their money more than with the money of one's own self. He who worries them, or vexes them, or pains them, or masters them, or causes the loss of their money, violates a prohibitive commandment, needless to mention one who smites them or curses them. This prohibitive commandment, notwithstanding that the punishment of flogging is not inflicted for its violation, behold, the punishment therefor is plainly stated in the Torah: "My wrath shall wax hot, and I will kill you with the sword" (Ibid. 22.23). Moreover, He Who spoke and called the universe into being, made a covenant with them, that whenever they will cry out against violence, they shall be answered, even as it is said: "For if they cry at all unto Me, I will surely hear their cry" (Ibid. 22.22). But all these warnings are applicable when one afflicts them out of a selfish motive; but if the master who, in order to instruct them in the Torah, or teach them a trade, or lead them in a righteous path, does inflict punishment upon them when they are contrary, behold, such he may do. Nevertheless, he should not follow the rules of other people in dealing with them but conduct himself toward them differently, to lead them slowly, with great mercy and honorable consideration, even as it is said: "For the Lord will plead their cause" (Prov. 22.23). Whether it be a fatherless orphan or a motherless orphan, the treatment to be accorded to them must be identical. Now, until when are such called orphans for the purpose of the subject treated herein? Until they will have no need to lean upon a grown-up person to rear them and support them, but each one be able to take care of all his personal needs even as all other adults do.

And a stranger shalt thou not wrong, neither shalt thou oppress him; for ye were strangers in the land of Egypt.

And a stranger – once the stranger accepts not to worship idolatry, you cannot oppress him in your country/land, because you are more powerful than him. And remember! You were strangers like him. And the same way that the text reminds you that the stranger does not have power, so too the widow and the orphans, who are Israelites, have no power. And after the text says you shall not wrong, it uses the plural form, but then it says if you do wrong them, uses the singular. This is because whoever sees a person oppressing an orphan or a widow and does not help the orphan and the widow, he too is considered as an oppressor. You must not mistreat any widow or orphan. Widows and orphans, like strangers, are in a disadvantaged position relative to other citizens.

אם ענה תענה אתו IF THOU AFFLICT THEM IN ANY WISE — This is an elliptical phrase — the text threatens but breaks off and does not specify immediately the punishment which will fall upon those who do this. We have the same in, (Genesis 4:15) “Therefore whosoever slayeth Cain …” it threatens but does not specify the punishment. So, here, too: “If thou afflict them in any wise”, — this is a threat, as much as to say: “in the end you will get your deserts!” Why are you certain to get them? “Because (כי) if (אם) they cry at all unto Me, I will surely hear their cry”.

אם ענה תענה אתו IF THOU AFFLICT THEM IN ANY WISE — This is an elliptical phrase — the text threatens but breaks off and does not specify immediately the punishment which will fall upon those who do this. We have the same in, (Genesis 4:15) “Therefore whosoever slayeth Cain …” it threatens but does not specify the punishment. So, here, too: “If thou afflict them in any wise”, — this is a threat, as much as to say: “in the end you will get your deserts!” Why are you certain to get them? “Because (כי) if (אם) they cry at all unto Me, I will surely hear their cry”.

לא תענון אם ענה תענה אותו; if, in the process of oppressing an orphan your intention was only to oppress him alone; if your “oppressing” him was in the nature of disciplining him in order to ultimately bestowing loving kindness on him after he responded to your rebuking him, your disciplining him is considered an act of loving kindness. [the author interprets verse 22 starting with the word אם as an alternative, moderating what has been written in verse 21. Ed.]

If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest.

אם כסף תלוה את עמי IF THOU LEND MONEY TO ANY OF MY PEOPLE — R. Jishmael said: wherever אם occurs in Scripture it is used of an act the performance of which is optional, except in three instances, of which this is one (Mekhilta d'Rabbi Yishmael 22:24:1; cf. Rashi on Exodus 20:22 - the translation therefore is: “When thou lendett etc.”).

ואם מזבח אבנים AND IF (according to Rashi, AND WHEN) [THOU WILT MAKE ME] AN ALTAR OF STONES — Rabbi Ishmael said: Every time the word אם it used in the Torah it refer to some action the doing of which is optional, except in three instances. Here: ואם מזבח אבנים תעשה לי — you see that this אם is used in the sense of כאשר, “when”, the meaning being: “And when thou makest me an altar of stone, לא תבנה אתהן גזית THOU SHALT NOT BUILD IT OF HEWN STONE, for, as a matter of fact, it is obligatory upon thee to build an altar of stone, as it is said, (Deuteronomy 27:6) “of whole stones thou shalt build [the altar of the Lord thy God]”. Similarly, (Exodus 22:24) אם כסף תלוה את עמי is obligatory and signifies: “when (אם) thou lendest My people money”, and not, “if thou lendest”, because it is said, (Deuteronomy 15:8) “And thou shalt surely lend him”; consequently this אם also is used in the sense of כאשר “when”. Similarly, (Leviticus 2:14) ואם תקריב מנחת בכורים, for this refers to the meal-offering of the Omer which is obligatory and therefore the trantlation is, “And when (ואם) thou offerest the meal-offering of first-fruits”, and not, “if thou offerest”. You must therefore admit that these instances of אם are not conditional, meaning “if”, but they are absolute, and that they are used in the sense of כאשר, “when” (Mekhilta d'Rabbi Yishmael 20:22:1; Yalkut Shimoni on Torah 306; cf. Rashi on Leviticus 2:14).

כבוא השמש [THOU SHALT RESTORE HIM THE PLEDGE] WHEN THE SUN GOETH DOWN — if it be a night garment; whilst if it be a garment worn during the day restore it to him in the morning. This, indeed, has already been written in the section beginning with the words ואלה המשפטים (Exodus 22:25) “Restore it unto him till the going down of the sun” which means: restore it unto him for the whole day and at nightfall you may take it again [till the daybreak of the next morning] (Bava Metzia 114b; cf. Rashi on Exodus 22.25.2 and Note thereon).

ושמעתי כי חנון אני, even though the creditor has obtained the pledge legally, and he does not have to return it except in exchange for payment of the loan it secures, the Torah expects you to do more than the law requires, something known in Talmudic parlance as לפנים משורת הדין. G’d warns that although from a legal standpoint He should ignore the pleas of the debtor, He will nonetheless listen to his plea as He is compassionate by nature. When discussing G’d’s attitude to the pleas of a widow or orphan in verse 22 the Torah describes this as not only based on His compassion but on legal considerations. Hence the words: “for I am compassionate” do not appear in that context.

ואנשי קדש תהיון לי AND YE SHALL BE MEN OF HOLINESS UNTO ME — If you will be holy and keep yourselves aloof from the loathsomeness of carrion and Trefa you are Mine, if not you are not Mine (cf. Mekhilta d'Rabbi Yishmael 22:30:1).