EXOD663 Our Sages have said (Koheles Rabbah 1:13): "In a measure full of sins there is none more incriminating than that of theft." And one who aggrieves an orphan or a widow by stealing from them, or shaming them, or in any other way, incurs the penalty of death at the hands of Heaven. Similarly, judges who are in a position to rescue them from their oppressors and do not judge for the orphan and the widow incur the penalty of death, as it is written [this verse], after which it is written (ibid. :22): "If you afflict him in any way, he need but cry to me and I will hear his cry," (ibid.:23): "And my wrath will burn, and I will kill you by the sword, and your wives will be widows and your children, orphans." Measure for measure -- your wives, widows because of your affliction of widows; your children, orphans because of your affliction of orphans. And anyone who aggrieves any Jew transgresses a negative commandment, as it is written [Vayikra 25:17]: "Let one man not afflict his friend, but fear Hashem." The "affliction" here is affliction with words (Bava Metzia 58b), and our Rabbis of blessed memory have said (ibid. 59a): "All gates [of access to Hashem] are closed except that of [crying out] from affliction." Therefore, one must take great care not to cause suffering to this fellow, either in deed or in word.

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EXOD664 See [[EXOD685]] Exodus 22:24 act TZADIK 155

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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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EXOD669 The prophetic emphasis on fidelity, kindness, humanity and brotherliness, as part of man's duty of faithfulness to God, underlies the legislation of the Torah. The Code of the Covenant tempers its rigorous and inflexible justice with the quality of mercy. It is solicitous that the stranger should not be wronged and that the widow in orphan shall not be afflicted. If further enjoins that consideration be shown for the poor borrower and that a helping hand be extended even to the enemy who is in need (Exodus 22:20-26; 23: 4-9]. The Deuteronomic Code makes active beneficence the keynote to its entire legislative system. The doctrine of God's love for His people serves as the basis of man's reciprocal love of God and for his love of his fellow man. While stressing the impartial and strict execution of justice and the elimination of social evil, great-hearted benevolence is urged upon the people. "Humanity is the author's ruling motive, wherever considerations of religion and morality do not force him to repress it." (S. R. Driver, A Critical and Exegetical Commentary on Deuteronomy, p. xxiv.]

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EXOD668 [This verse] The admonition is repeated some thirty-six times in the Torah. [Some count forty-six such passages, Bava Metzia 59b]. Obviously, the orphan, the widow, and stranger are not the only ones who are not to be wronged or mistreated. They are singled out merely because they are the most defenseless members of society. The same is true of the admonition "not to insult the deaf or place a stumbling block before the blind" [Leviticus 19:14]. They cannot protect themselves by responding in kind. They do not even know who wronged them. Resisting the temptation to take advantage of a fellow man when one can do it with impunity, verges, as we have previously pointed out, more on the moral than on the ethical. But the Torah goes beyond merely forbidding such abuse of the weak. It commands that provision be made that "they rejoice with you." [Deuteronomy 16:13–14]

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EXOD670 Do not maltreat widows or orphans by means of your actions or your words. Your manner with them must be warm and pleasant at all times. In all of your dealings with them you must feel mercy towards them and treat them with kindness and pity. Widows and orphans are worn of their strength, for they have no one who will stand up for them and defend their rights as vigorously as would a husband or father. Therefore, the Torah commands us to stir up kindness and mercy in our hearts and behave towards them in a protective, upright manner, as if others are trying to harm us or make claims against us. We are obligated to have pity on them. We must argue on their behalf and search for merits for them more earnestly than we would have done had the husband or father been alive.

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EXOD671 The Sefer Hachinukh, in explaining the purpose of those mitzvot relating to the weak members of society, points out that "it is written, 'One may not oppress the orphan or a widow' [this verse]. One must see that all one's transactions with the widow and orphan will be charitable, merciful, and tranquil. Their rights must be respected even more than would have been the case if the husband or father was alive and involved in the transaction." (Sefer Hachinukh on Parshat Mishpatim, mitzvah 65). The Chasidic teacher Menachem Mendel of Kotsk points out that the Bible, immediately following the injunction against oppressing the orphan, uses repetitive forms of the words "oppress," "He will cry out," and "I the Lord will hear." The Rebbe explained that when an orphan complains about his oppression or his mishandling at the hands of the community, his complaint is twofold. There is the normal complaint of being hurt, but in addition to that there is a cry that he is being hurt because he is an orphan, because he has no protector, because he has no father or mother to look after his interests. Since the oppression of such people is a dual one, the Divinity's censure and His punishment will also be multiplied.

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EXOD672 When Rabbi Elazar ben Azariah was about to die, his disciples sat before him, and asked, "Rabbeinu [our teacher], teach us only one thing" (i.e., one fundamental final teaching). "He replied, 'My children, what can I teach you? Every one of you go and be very careful of the dignity of others'" Derech Eretz Rabbah, chapter 3. Preserving the dignity of orphans, and protecting them from hurt, is a deeply embedded Jewish value: for example [this and following verses]. Maimonides, in a twelfth-century form of affirmative action, rules that a teacher who has orphans among his students "should not treat them like others, but make a distinction in their favor. He should guide them gently, with the utmost of tenderness and courtesy." Laws of Character Development 6:10.

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EXOD675 See [[DEUT1406]] Deuteronomy 24:17 widow BLOCH 260-1

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EXOD676 See [[EXOD1030]] Exodus 34:6 compassion BLOCH 57-8

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