Misva #65: Causing Pain to a Widow or Orphan
Length: 9:38
The Torah commands in Parashat Mishpatim (Shemot 22:21), “Kol Almana Ve’yatom Lo Te’anun” – that it is forbidden to “afflict” a widow or orphan. The reason for this command, of course, as the Sefer Ha’hinuch explains, is that widows and orphans are particularly vulnerable, as they do not have a husband or father to stand up for them and defend them. The Sefer Ha’hinuch writes that the Torah here commands us to treat widows and orphans with care and respect just as we would if they had a husband or father behind them to protect their rights and their wellbeing. Moreover, the Torah commands us to extend even further, and give them the benefit of the doubt to a greater extent than we must give to others.
Needless to say, this prohibition applies in all place, at all times, and to both males and females. One who mistreats or takes advantage of a widow or orphan has transgressed this command. However, the Sefer Ha’hinuch writes, the violator does not receive Malkut, because only G-d can know with certainty that the violator acted as he did with malicious intent, and so Bet Din cannot definitively determine that the violator in fact transgressed this prohibition.
Although Bet Din cannot punish those who transgress this command, the Torah itself warns that G-d will bring severe punishment upon those who mistreat widows and orphans. Immediately after issuing this command, G-d warns that if a person causes a widow or orphan pain, and the widow or orphan cries out to G-d, “I shall assuredly hear his cry. I will become incensed, and I will kill you by the sword, such that your wives will be widows and your children, orphans.” G-d will punish the violator “measure for measure” by killing him, turning his wife into a widow and his children into orphans. The Sefer Ha’hinuch adds that if the violator is a woman who mistreated orphans, then G-d will kill her, and her husband will marry another woman who will treat the first wife’s children unkindly.
As mentioned, the Torah warns that G-d will “assuredly hear” the cries of a widow or orphan who is mistreated. The Sefer Ha’hinuch notes the tradition derived from this verse that G-d more readily accepts the prayers of widows and orphans than the prayers of other people. Of course, all prayers are effective, but G-d is especially close to widows and orphans, because they cry out to Him for help in situations when they would otherwise turn to their husband and father. G-d immediately accepts their prayers and responds accordingly.
From the Torah’s warning to those who transgress this prohibition, we may deduce that conversely, those who specifically assist widows and orphans will be duly rewarded. If G-d says He will punish those who cause pain to widows and orphans, then naturally, those who provide widows and orphans with support and assistance will be blessed with long life, prosperity and joy.
As part of the Torah’s effort to assist and protect widows and orphans, Bet Din is required to grant them special treatment, in five different respects:
1) Normally, if a person produces a Shetar (contract) stating that somebody owes him money, then once the Shetar’s authenticity is verified, Bet Din requires the defendant to pay the stated sum. If, however, the defendant is a widow or orphan, Bet Din will first have the plaintiff swear that his claim is correct before ruling in his favor.
2) When widows or orphans are involved in a court case, Bet Din will actually provide the widow and orphan with the claims that they could make in arguing their case. Ordinarily, of course, Bet Din hears the claims and then reaches a decision, and does not assist either litigant. In a case involving a widow or orphan, however, since the widow or orphan does not have a husband or father to help him or her, Bet Din intervenes to inform the widow or orphans of the claims that they are able to make in court.
3) Bet Din appoints a wealthy man as administrator of the orphans’ inheritance. This man must be a person with real estate holdings which are pledged against the orphans’ money as security.
4) Bet Din will invest the orphans’ money in an enterprise, making a special arrangement ensuring that the principal is guaranteed. In other words, the investment can only yield profits, but not lose. Normally, such an investment is prohibited by force of Rabbinic enactment, as it resembles Ribit (interest). In the case of orphans, however, Bet Din will arrange for this kind of investment on their behalf.
5) An orphan who agrees to buy or sell is allowed to back out of the deal if the market price decreases (in the case of buying) or increases (in the case of selling). Normally, once a person commits to a transaction, he is subject to a curse if he rescinds his agreement so he could go elsewhere to buy for less or sell for more. Orphans, however, due to their unique condition of vulnerability, are allowed to back out of a deal.
Although we are obligated to treat widows and orphans with special sensitivity and respect, it is permissible, when necessary, to chastise them. A teacher, for example, who teaches an orphan Torah, or a profession, is allowed to discipline the orphan as needed. But even for a teacher, there is a Misva to be softer and more delicate in disciplining the orphan.