(20) You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt. (21) You shall not ill-treat any widow or orphan.
(22) If you do mistreat them, I will heed their outcry as soon as they cry out to Me, (23) and My anger shall blaze forth and I will put you to the sword, and your own wives shall become widows and your children orphans.
QUESTIONS FOR DISCUSSION:
~Who is God speaking to in these verses? Is the audience one person or many people?
~How does changing the audience change your understanding of these verses?
(1) 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.
Shared Moral Responsibility
Rabbi Shai Held, The Heart of Torah, 2017
In a society where some are oppressed, all are implicated. There are no innocent bystanders.
The law of the widow and the orphan in parashat Mishpatim represents a radical democratization of moral responsibility.
Marc Zvi Brettler, How to Read the Bible, 2005
The fact that the Bible understands God to be the lawgiver also explains an oddity of the biblical law collections: the way in which they combine (what we would call) religious law and (what we would call) secular law, including criminal law and torts.
QUESTIONS FOR DISCUSSION:
~The Hebrew Bible is unique in ancient law codes in that the lawgiver is not a King but rather God as King. How might that reflect or impact the self-understanding of the community?
~Does the juxtaposition of religious law with secular law shape how the law is understood or interpreted? In what ways?
~Would you consider Exodus 22:20-21 to be secular law or religious law?
Caring for the Disadvantaged
(י) חַיָּב אָדָם לְהִזָּהֵר בִּיתוֹמִים וְאַלְמָנוֹת מִפְּנֵי שֶׁנַּפְשָׁן שְׁפָלָה לִמְאֹד וְרוּחָם נְמוּכָה אַף עַל פִּי שֶׁהֵן בַּעֲלֵי מָמוֹן. אֲפִלּוּ אַלְמָנָתוֹ שֶׁל מֶלֶךְ וִיתוֹמָיו מֻזְהָרִים אָנוּ עֲלֵיהֶן שֶׁנֶּאֱמַר (שמות כב כא) "כָּל אַלְמָנָה וְיָתוֹם לֹא תְעַנּוּן". וְהֵיאַךְ נוֹהֲגִין עִמָּהֶן. לֹא יְדַבֵּר אֲלֵיהֶם אֶלָּא רַכּוֹת. וְלֹא יִנְהֹג בָּהֶן אֶלָּא מִנְהַג כָּבוֹד. וְלֹא יַכְאִיב גּוּפָם בַּעֲבוֹדָה וְלִבָּם בִּדְבָרִים קָשִׁים. וְיָחוּס עַל מָמוֹנָם יוֹתֵר מִמָּמוֹן עַצְמוֹ. כָּל הַמַּקְנִיטָן אוֹ מַכְעִיסָן אוֹ הִכְאִיב לָהֶן אוֹ רָדָה בָּהֶן אוֹ אִבֵּד מָמוֹנָן הֲרֵי זֶה עוֹבֵר בְּלֹא תַּעֲשֶׂה וְכָל שֶׁכֵּן הַמַּכֶּה אוֹתָם אוֹ הַמְקַלְּלָן. וְלָאו זֶה אַף עַל פִּי שֶׁאֵין לוֹקִין עָלָיו הֲרֵי עָנְשׁוֹ מְפֹרָשׁ בַּתּוֹרָה (שמות כב כג) "וְחָרָה אַפִּי וְהָרַגְתִּי אֶתְכֶם בֶּחָרֶב". בְּרִית כָּרַת לָהֶן מִי שֶׁאָמַר וְהָיָה הָעוֹלָם שֶׁכָּל זְמַן שֶׁהֵם צוֹעֲקִים מֵחָמָס הֵם נַעֲנִים שֶׁנֶּאֱמַר (שמות כב כב) "כִּי אִם צָעֹק יִצְעַק אֵלַי שָׁמֹעַ אֶשְׁמַע צַעֲקָתוֹ". בַּמֶּה דְּבָרִים אֲמוּרִים בִּזְמַן שֶׁעִנָּה אוֹתָן לְצֹרֶךְ עַצְמוֹ. אֲבָל עִנָּה אוֹתָם הָרַב כְּדֵי לְלַמְּדָן תּוֹרָה אוֹ אֻמָּנוּת אוֹ לְהוֹלִיכָן בְּדֶרֶךְ יְשָׁרָה הֲרֵי זֶה מֻתָּר. וְאַף עַל פִּי כֵן לֹא יִנְהֹג בָּהֶן מִנְהַג כָּל אָדָם אֶלָּא יַעֲשֶׂה לָהֶם הֶפְרֵשׁ וִינַהֲלֵם בְּנַחַת וּבְרַחֲמִים גְּדוֹלִים וְכָבוֹד שֶׁנֶּאֱמַר (משלי כב כג) "כִּי ה' יָרִיב רִיבָם". אֶחָד יָתוֹם מֵאָב וְאֶחָד יָתוֹם מֵאֵם. וְעַד אֵימָתַי נִקְרָאִים יְתוֹמִים לְעִנְיָן זֶה. עַד שֶׁלֹּא יִהְיוּ צְרִיכִין לְאָדָם גָּדוֹל לְהִסָּמֵךְ עָלָיו וּלְאָמְנָן וּלְהִטָּפֵל בָּהֶן אֶלָּא יִהְיֶה עוֹשֶׂה כָּל צָרְכֵי עַצְמוֹ לְעַצְמוֹ כִּשְׁאָר כָּל הַגְּדוֹלִים:
(10) 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.
On Compassion and Caution
QUESTIONS FOR DISCUSSION:
~How might you approach the topic of strangers with young children? Is "stranger danger" part of your vocabulary?
~How do you try to model for your children having compassion for others?
Rabbi Shai Held, The Heart of Torah, 2017
One of the Torah's central projects is to turn memory into empathy and moral responsibility. Appealing to our experience of defenselessness in Egypt, the Torah seeks to transform us into people who see those who are vulnerable and exposed rather than looking past them.
Parashat Mishpatim contains perhaps the most well-known articulation of this charge: "You shall not oppress a stranger (ger), for you know the feelings of the stranger, having yourselves been strangers in the land of Egypt" (Exod. 23:9; see also 22:20). By ger, the Torah means one who is an alien in the place where he lives - that is, one who is not a member of the ruling tribe or family, who is not a citizen, and who is therefore vulnerable to social and economic exploitation. The Torah appeals to our memory to intensify our ethical obligations: Having tasted the suffering and degradation to which vulnerability can lead, we are bidden not to oppress the stranger.
Rabbi Sarah Bassin, Learning from the Imperfection of Religion, 2017
On the one hand, we are instructed not to mistreat or taunt the stranger (Exodus 22:20). On the other, we are told that God will drive out the inhabitants of the Promised Land little by little (Exodus 23:30).
When we are told not to harm the stranger, we are talking about one person. we have to watch out for one person. That sounds about right, doesn't it? We have the capacity to hold compassion for a single individual. After all, we can know this person. One person has a face and a story...A group of people, however, is easier to write off.
Parashat Mishpatim sets before us a choice: will we see people as the stranger we are obligated to protect, or will we group them together and see them as a collective that we are sanctioned to separate from for our own protection?
In providing us with contradictory moral teachings, Parashat Mishpatim forces us to hold a mirror up to ourselves and ask not only how we want to relate to foreigners, but also who we want to be. Do we want to treat them as (we're bid to treat) the stranger and come with compassion? Is it more prudent to see them as dangerous nations and circle the wagons?
R. Abraham Joshua Heschel, God in Search of Man, 1955
The prophets...tried to teach us how to think in the categories of God: His holiness, justice and compassion. The appropriation of these categories, far from exempting us from the obligation to gain new insights in our own time, is a challenge to look for ways of translating biblical commandments into programs required by our own conditions.
Source sheet prepared by Stephanie Fink, RJE, MAJCS
February 2018