Jewish Texts on Immigrants and Migrants: Or Some of the Many Times the Tanakh Warns Us Against Mistreating the גר

In Bava Metzia 59b, R' Eliezer mentions 36 times Tanakh warns us against mistreating the גר and other Sages say 46 times.

Note on translation: There are many possible translations for the Biblical Hebrew גר (ger) which usually refers to one of foreign birth or nationality that lives among those of a different nationality. Common translations include "sojourner, stranger, and alien and resident alien." Since the root of the word indicates temporariness of stay and any type of permanent stay is made explicit by the usage of גר תושב (ger toshav, the resident ger or resident alien) or some form of הגר הגר אתכם (ha-ger ha-gar itkhem, the ger who lives among you), the word sojourner seems most accurate of the bunch.

However, in its modern usage, the word sojourner now sounds antiquated and, perhaps more importantly, it has lost its stigma. The גר is stigmatized; the גר is as vulnerable to abuse as the widow and the fatherless. With that in mind, these text translate גר as migrant (a term familiar to those of us who know of the struggle and oppression of the migrant worker) and גר תושב and different forms of הגר הגר אתכם as immigrant - the one who has migrated to live among us.

These translations are not perfect. Most notably, the גר may actually be children or descendants of migrants or immigrants. The need to preserve the sense of stigma the גר faces in society outweighs the option to use a different translation.

Remember You Experienced This Before!

וְגֵ֖ר לֹ֣א תִלְחָ֑ץ וְאַתֶּ֗ם יְדַעְתֶּם֙ אֶת־נֶ֣פֶשׁ הַגֵּ֔ר כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם׃

You shall not oppress a migrant, for you know the feelings of the migrant, having yourselves been migrants in the land of Egypt.

(יז) כִּ֚י יי אֱלֹֽקֵיכֶ֔ם ה֚וּא אֱלֹקֵ֣י הָֽאֱלֹקִ֔ים וַאדושם הָאֲדֹנִ֑ים הָאֵ֨ל הַגָּדֹ֤ל הַגִּבֹּר֙ וְהַנּוֹרָ֔א אֲשֶׁר֙ לֹא־יִשָּׂ֣א פָנִ֔ים וְלֹ֥א יִקַּ֖ח שֹֽׁחַד׃ (יח) עֹשֶׂ֛ה מִשְׁפַּ֥ט יָת֖וֹם וְאַלְמָנָ֑ה וְאֹהֵ֣ב גֵּ֔ר לָ֥תֶת ל֖וֹ לֶ֥חֶם וְשִׂמְלָֽה׃ (יט) וַאֲהַבְתֶּ֖ם אֶת־הַגֵּ֑ר כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֥רֶץ מִצְרָֽיִם׃

(17) For the LORD your God is God supreme and Lord supreme, the great, the mighty, and the awesome God, who shows no favor and takes no bribe, (18) but upholds the cause of the fatherless and the widow, and befriends the migrant, providing him with food and clothing.— (19) You too must befriend the migrant, for you were migrants in the land of Egypt.

(Im)Migrants Are the Same Under the Law:

מִשְׁפַּ֤ט אֶחָד֙ יִהְיֶ֣ה לָכֶ֔ם כַּגֵּ֥ר כָּאֶזְרָ֖ח יִהְיֶ֑ה כִּ֛י אֲנִ֥י יי אֱלֹהֵיכֶֽם׃

You shall have one standard for migrant and citizen alike: for I the LORD am your God.

(יד) וְכִֽי־יָגוּר֩ אִתְּכֶ֨ם גֵּ֜ר א֤וֹ אֲשֶֽׁר־בְּתֽוֹכְכֶם֙ לְדֹרֹ֣תֵיכֶ֔ם ... וְלַגֵּ֣ר הַגָּ֑ר חֻקַּ֤ת עוֹלָם֙ לְדֹרֹ֣תֵיכֶ֔ם כָּכֶ֛ם כַּגֵּ֥ר יִהְיֶ֖ה לִפְנֵ֥י יי (טז) תּוֹרָ֥ה אַחַ֛ת וּמִשְׁפָּ֥ט אֶחָ֖ד יִהְיֶ֣ה לָכֶ֑ם וְלַגֵּ֖ר הַגָּ֥ר אִתְּכֶֽם׃

(14) And when, throughout the ages, an immigrant who has taken up residence with you, or one who lives among you, ... (15) There shall be one law for you and for the immigrant; it shall be a law for all time throughout the ages. You and the migrant shall be alike before the LORD; (16) the same ritual and the same rule shall apply to you and to the immigrant who resides among you.

(לג) וְכִֽי־יָג֧וּר אִתְּךָ֛ גֵּ֖ר בְּאַרְצְכֶ֑ם לֹ֥א תוֹנ֖וּ אֹתֽוֹ׃ (לד) כְּאֶזְרָ֣ח מִכֶּם֩ יִהְיֶ֨ה לָכֶ֜ם הַגֵּ֣ר ׀ הַגָּ֣ר אִתְּכֶ֗ם וְאָהַבְתָּ֥ לוֹ֙ כָּמ֔וֹךָ כִּֽי־גֵרִ֥ים הֱיִיתֶ֖ם בְּאֶ֣רֶץ מִצְרָ֑יִם אֲנִ֖י יי אֱלֹהֵיכֶֽם׃

(33) When an immigrant resides with you in your land, you shall not wrong him. (34) The immigrant who resides with you shall be to you as one of your citizens; you shall love him as yourself, for you were migrants in the land of Egypt: I the LORD am your God.

Take Extra Care of Immigrants/Migrants in Justice and Economic Issues

(טז) וָאֲצַוֶּה֙ אֶת־שֹׁ֣פְטֵיכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר שָׁמֹ֤עַ בֵּין־אֲחֵיכֶם֙ וּשְׁפַטְתֶּ֣ם צֶ֔דֶק בֵּֽין־אִ֥ישׁ וּבֵין־אָחִ֖יו וּבֵ֥ין גֵּרֽוֹ׃ (יז) לֹֽא־תַכִּ֨ירוּ פָנִ֜ים בַּמִּשְׁפָּ֗ט כַּקָּטֹ֤ן כַּגָּדֹל֙ תִּשְׁמָע֔וּן לֹ֤א תָג֙וּרוּ֙ מִפְּנֵי־אִ֔ישׁ כִּ֥י הַמִּשְׁפָּ֖ט לֵאלֹקִ֣ים ה֑וּא ...׃

(16) I charged your magistrates at that time as follows, “Hear out your fellow men, and decide justly between any man and a fellow Israelite or a migrant. (17) You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s....”

(כח) מִקְצֵ֣ה ׀ שָׁלֹ֣שׁ שָׁנִ֗ים תּוֹצִיא֙ אֶת־כָּל־מַעְשַׂר֙ תְּבוּאָ֣תְךָ֔ בַּשָּׁנָ֖ה הַהִ֑וא וְהִנַּחְתָּ֖ בִּשְׁעָרֶֽיךָ׃ (כט) וּבָ֣א הַלֵּוִ֡י כִּ֣י אֵֽין־לוֹ֩ חֵ֨לֶק וְנַחֲלָ֜ה עִמָּ֗ךְ וְ֠הַגֵּר וְהַיָּת֤וֹם וְהָֽאַלְמָנָה֙ אֲשֶׁ֣ר בִּשְׁעָרֶ֔יךָ וְאָכְל֖וּ וְשָׂבֵ֑עוּ לְמַ֤עַן יְבָרֶכְךָ֙ יי אֱלֹקֶ֔יךָ בְּכָל־מַעֲשֵׂ֥ה יָדְךָ֖ אֲשֶׁ֥ר תַּעֲשֶֽׂה׃

(28) Every third year you shall bring out the full tithe of your yield of that year, but leave it within your settlements. (29) Then the Levite, who has no hereditary portion as you have, and the migrant, the fatherless, and the widow in your settlements shall come and eat their fill, so that the LORD your God may bless you in all the enterprises you undertake.

לֹא־תַעֲשֹׁ֥ק שָׂכִ֖יר עָנִ֣י וְאֶבְי֑וֹן מֵאַחֶ֕יךָ א֧וֹ מִגֵּרְךָ֛ אֲשֶׁ֥ר בְּאַרְצְךָ֖ בִּשְׁעָרֶֽיךָ׃

You shall not abuse a needy and destitute laborer, a fellow countryman or a migrant, in one of the communities of your land.

לֹ֣א תַטֶּ֔ה מִשְׁפַּ֖ט גֵּ֣ר יָת֑וֹם וְלֹ֣א תַחֲבֹ֔ל בֶּ֖גֶד אַלְמָנָֽה׃

You shall not subvert the rights of the migrant or the fatherless; you shall not take a widow’s garment in pawn.

(כ) כִּ֤י תַחְבֹּט֙ זֵֽיתְךָ֔ לֹ֥א תְפָאֵ֖ר אַחֲרֶ֑יךָ לַגֵּ֛ר לַיָּת֥וֹם וְלָאַלְמָנָ֖ה יִהְיֶֽה׃ (ס) (כא) כִּ֤י תִבְצֹר֙ כַּרְמְךָ֔ לֹ֥א תְעוֹלֵ֖ל אַחֲרֶ֑יךָ לַגֵּ֛ר לַיָּת֥וֹם וְלָאַלְמָנָ֖ה יִהְיֶֽה׃

(20) When you beat down the fruit of your olive trees, do not go over them again; that shall go to the migrant, the fatherless, and the widow. (21) When you gather the grapes of your vineyard, do not pick it over again; that shall go to the migrant, the fatherless, and the widow.

How Are These Verses Codified in Halachah (Jewish Law)?

Maimonides, Mishneh Torah, Human Dispositions 6:10:

"...An individual is obligated to be careful concerning orphans and widows since their souls are very lowly and their spirits are cast down,...And how do we behave towards them? One should only speak in soft tones to them and he should only treat them in a respectful way; he should not hurt their bodies with work, or their hearts with harsh things. And he should be more careful with their money than he is with his own money. Anyone who annoys them or angers them or pains them or oppresses them or wastes their money - behold, such a one transgresses a negative commandment. And all the more so, one who hits them or curses them. And even though we do not give lashes for this negative commandment, its punishment is explicit in the Torah (Exodus 22:23), "And My anger shall blaze forth and I will kill you with the sword." The One Who spoke and the world came into being made a covenant with them that anytime they cry out from wrongdoing, they are answered, as it states (Exodus 22:22), "as if he surely cries out to Me, I will surely hear his cry."

What is the Source of These Teachings?

Mishpatim: Loving the Stranger, Rabbi Jonathan Sacks (2008)

Dislike of the unlike is as old as mankind.This fact lies at the very heart of the Jewish experience. It is no coincidence that Judaism was born in two journeys away from the two greatest civilizations of the ancient world: Abraham’s from Mesopotamia, Moses’ and the Israelites’ from Pharaonic Egypt. The Torah is the world’s great protest against empires and imperialism. ... [their] most serious offense – for the prophets as well as the Mosaic books – was the use of power against the powerless: the widow, the orphan and, above all, the stranger.

To be a Jew is to be a stranger. It is hard to avoid the conclusion that this is why Abraham is commanded to leave land, home and father’s house; why, long before Joseph was born, Abraham was already told that his descendants would be “strangers in a land not their own”; why Moses had to suffer personal exile before assuming leadership of the people; why the Israelites underwent persecution before inheriting their own land; and why the Torah is so insistent that this experience – the retelling of the story on Pesach, along with the never-forgotten taste of the bread of affliction and the bitter herbs of slavery – should become a permanent part of their collective memory.

It is terrifying in retrospect to grasp how seriously the Torah took the phenomenon of xenophobia, hatred of the stranger. It is as if the Torah were saying with the utmost clarity: reason is insufficient. Sympathy is inadequate. Only the force of history and memory is strong enough to form a counterweight to hate.

Why should you not hate the stranger? – asks the Torah. Because you once stood where he stands now. You know the heart of the stranger because you were once a stranger in the land of Egypt. If you are human, so is he. If he is less than human, so are you. You must fight the hatred in your heart as I once fought the greatest ruler and the strongest empire in the ancient world on your behalf. I made you into the world’s archetypal strangers so that you would fight for the rights of strangers – for your own and those of others, wherever they are, whoever they are, whatever the color of their skin or the nature of their culture, because though they are not in your image – says G-d – they are nonetheless in Mine. There is only one reply strong enough to answer the question: Why should I not hate the stranger? Because the stranger is me.

The Prophets List Mistreating Im(migrants) as Paradigms of Unjust Behavior:

כֹּ֣ה ׀ אָמַ֣ר יי עֲשׂ֤וּ מִשְׁפָּט֙ וּצְדָקָ֔ה וְהַצִּ֥ילוּ גָז֖וּל מִיַּ֣ד עָשׁ֑וֹק וְגֵר֩ יָת֨וֹם וְאַלְמָנָ֤ה אַל־תֹּנוּ֙ אַל־תַּחְמֹ֔סוּ וְדָ֣ם נָקִ֔י אַֽל־תִּשְׁפְּכ֖וּ בַּמָּק֥וֹם הַזֶּֽה׃

Thus said the LORD: Do what is just and right; rescue from the defrauder him who is robbed; do not wrong the migrant, the fatherless, and the widow; commit no lawless act, and do not shed the blood of the innocent in this place.