DEUT1396 See [[EXOD1041]] Exodus 34:7 punishes SACKS 305-6

SHOW FULL EXCERPT

DEUT1398 Relatives of litigants or people on trial shall not serve as witnesses in court. When two people have litigation in court or someone is on trial for an alleged wrong, the case must be decided on the strength of testimony from witnesses. Therefore, it is important that the testimony be clear, unbiased, true and free of any suspicion. For this reason, the Torah disqualifies testimony from relatives, even when the testimony would be incriminating. If the Torah were to allow courts to accept incriminating testimony from relatives, the courts also might wind up accepting favorable testimony from relatives, and such might lead to a perversion of justice and aroused suspicion about the fairness of the courts’ rulings. The perfect Torah keeps the holy nation away from situations that are potentially harmful, so it entirely bans relatives from giving testimony. An additional benefit is that sometimes, because of constant interaction with one another, relatives quarrel. If courts were allowed to accept testimony from relatives, it would invite cases where, because of his anger, a person seeks vengeance on his relative and in a moment of anger decides to give false testimony against him. This precept of the Torah prevents this.

SHOW FULL EXCERPT

DEUT1399 It is a negative commandment for a judge not to pervert justice for a proselyte or an orphan for Scripture says, You shall not pervert the judgment of a ger or an orphan [this verse]. If someone transgressed and did deal unjustly with the case of a convert or the case of an orphan, he would violate two prohibitions (one, You shall do no injustice in judgment -- Va-yikra 19:15; and one, this prohibition).

SHOW FULL EXCERPT

DEUT1400 See [[DEUT1382]] Deuteronomy 24:15 poor SPERO 52-3

SHOW FULL EXCERPT

DEUT1401 No pledge may be seized from a widow, whether she be rich or poor, whether the article is used in the preparation of food or not, since it is written [this verse]: "Nor take the widow's raiment to pledge." Scripture did not intend to restrict the prohibition to clothes alone, but to all the widow's possessions. Even the messenger of the court, outside her house, is forbidden to take anything from her. If he enters her house and seizes a pledge, he has transgressed two negative commandments of the Torah, "You shall not go into his house to take the pledge" and also "Nor take the widow's raiment to pledge."

SHOW FULL EXCERPT

DEUT1402 See [[EXOD827]] Exodus 23:6 rights DORFFWITO 238-41

SHOW FULL EXCERPT

DEUT1403 See [[LEV802]] Leviticus 19:34 strangers AMEMEI 219-20

SHOW FULL EXCERPT

DEUT1404 See [[DEUT24]] Deuteronomy 1:17 favoritism MEIR 147

SHOW FULL EXCERPT

DEUT1406 Widows and orphans are entitled to special consideration because of their unfortunate lot. Strangers, frequent objects of discrimination, are similarly classed as individuals deserving of kind treatment. "And a stranger shalt thou not wrong, neither shalt thou oppress him. … You shall not afflict any widow or orphan" (Exodus 22:20-21). Indeed a widow was granted some preferential legal protection. If she defaults on a payment of a loan, her garment may not be taken as a pledge [this verse]. All transactions with widows as also with orphans and strangers, must be free of rancor and animated by compassion (Chinuch 63, 65). Modern social laws have done much to improve the financial security of widows. However, these laws do not lessen the trauma of widowhood nor ameliorate the sense of loneliness and sensitivity to society's indifference. The ancient biblical concern for the psychological deprivation of defenseless people is as vital today as it was in a more primitive era.

SHOW FULL EXCERPT

DEUT1405 Do not take collateral from a widow. Hashem has compassion and mercy on His creations, and wants His holy nation, too, to behave with compassion and mercy. For this reason, He commands us that if we lend money to a widow, we do not take collateral from her. Her heart is broken over the loss of her husband and she is beset by worries. All the ways of the Torah are pleasant, and this precept is just one example.

SHOW FULL EXCERPT