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EXODUS | 22:21 anguish — EXOD667 Do I need to make exceptions for widows i...

EXOD667 Do I need to make exceptions for widows in my business? The essence of market relationships is that they are detached and impersonal. They take place through the "cash nexus." But the requirement to be considerate toward the emotionally vulnerable challenges us to display human sensitivity even within the framework of our economic relationships. Q: If I have a customer who is a widow, should I give her a discount? If she's late paying, am I allowed to use normal collection methods? A: The Torah repeatedly admonishes us to display special consideration for widows. An examination of these admonitions will lead to an answer to your question. One common motif regarding widows is to take account of their often precarious economic circumstances. In at least a half-dozen passages, the Torah specifically mentions widows as among the needy persons we should provide for when we give charity, agricultural tithes, and so on. "When you reap the harvest of your field, and you forget a sheaf in the field, do not go back to take it; let it be for the stranger, the orphan, and the widow, so that the Lord your God may bless you and all the work of your hands."[Deuteronomy 24:19; see also 4:29, 16:11, 16:14, 24:20–21, 26:12-13] Someone who has enough is always obligated to provide for those who are needy, but we should pay particular attention to the widow because of the unusual difficulties she has in supporting herself and, often, her family. But the Torah also tells us, "Do not cause anguish to a widow or an orphan" [this verse]. This commitment relates to any widow, whether rich or poor. Here special consideration for the widow is called for because of the likelihood of emotional vulnerability. Her memory of her loss together with the ongoing experience of going it alone mean that the widow is likely to be more in need of support and encouragement than others. The first consideration is relevant to your question if the widow is poor. While there is no commandment to give a discount to poor people or to refrain from collecting debts from them, we have often pointed out in our columns that the ideal way of helping the needy is through normal market transactions. If you are in a position to give charity to the poor, then an excellent way of doing so is by giving service to them at special low prices or on unusually favorable terms of credit. This would apply particularly to a widow. The second consideration does not apply solely to economic transactions and holds irrespective of the widow's financial situation. We should be thoughtful and considerate and all our relationships with others, and most especially with someone who is emotionally vulnerable. These two commandments define two poles: one relates specifically to economic interactions because of the widow's economic vulnerability; the other pertains to all social interactions because of the widow's emotional vulnerability. Between these two extremes of economic and emotional interaction, there is an intermediate factor that we have often discussed: the human dimension of our market activities. The Torah touches upon this in a third mandate which is like a hybrid of the other two. The Torah warns us not to demand a pawn (collateral) from a widow before the loan is due. "Do not distort the judgment of a stranger or an orphan, and do not repossess the garment of a widow."[Deuteronomy 24:17] The Talmud concludes that this commandment, despite its economic nature, applies even to a wealthy widow. [Bava Metzia 115:1] The explanation is that a demand of this kind, despite its economic nature, can be demeaning or distressing beyond its economic impact. This commandment is relevant to your situation. A person is always allowed to collect money for services rendered, but even legitimate collection actions sometimes have a way of declining into adversarial confrontations that do not dignify either side. If a widow is involved, we should be especially careful to make sure all collection actions or legal actions are carried out in a businesslike fashion. The Torah's attitude toward widows teaches us that we should display special consideration toward anyone who is financially or emotionally vulnerable. [See the Sema commentary on Hoshen Mishpat 97:22] When we interact with the vulnerable, even our economic interactions should display an extra measure of human thoughtfulness.

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Source KeyMEIR
Verse22:21
Keyword(s)anguish
Source Page(s)160-2
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