Commentaire sur L’Exode 22:23

והיו נשיכם אלמנות AND YOUR WIVES SHALL BE WIDOWS [AND YOUR CHILDREN FATHERLESS] — From what is implied in the words, “I will kill you with the sword” do I not know that “your wives shall be widows and your children orphans”? But the explanation of the latter words is not that implied by your question; it is quite a different curse: that the wives will be “fettered” for life — “as living widows” (Rashi is imitating a Biblical phrase, II Samuel 20:3, used in a somewhat similar sense) — that there will be no witnesses who can testify to the death of their husbands, and so they will be forbidden to re-marry. In which case the children will be destitute orphans, for the court will not allow them to take possession of the chattels of their fathers, since they do not know whether they have died or have only been taken captives (Mekhilta d'Rabbi Yishmael 22:23; Bava Metzia 38b).

שמוע אשמע צעקתו וחרה אפי. I will have pity with the one who cries out to Me complaining against the harsh and unfair treatment he has to endure. G’d’s reaction to a Jewish individual guilty of such behaviour will be similar to His reaction to the prolonged abuse suffered by the Israelites at the hands of the Egyptians. Anyone guilty of such oppression of orphans or widows will bring about this kind of suffering for his own family members.

'והיו נשיכם וגו a warning of the punishment being made to fit the crime.

והיו נשיכם אלמנות, “your own wives will become widows, etc.” This will be the penalty exacted as a result of widows complaining to G’d.

וחרה אפי, “and My anger shall blaze forth.” This is the same attribute of Justice which smote the Egyptians because they maltreated you taking advantage of the fact that you were strangers. The words והרגתי אתכם בחרב are aimed at those guilty of abusing the stranger whereas the words והיו נשיכם אלמנות are the warning to the people taking advantage of widows. The words ובניכם יתומים, are aimed at people abusing orphans. Each offense will be punished by the מדה כנגד מדה principle, punishment fitting the crime. All the time you are careful not to offend the sensibilities of any of the three groups of naturally sensitive people, any part of the attribute of Justice which would be turned against you (for other sins) will be reversed and will express itself instead as an arm of the attribute of Mercy (Sotah 16). This will enable you to enjoy many years on the land, both you and your children in the presence of your G’d. Practice of righteousness saves from death as we know from Proverbs 10,2. We also have a promise in chapter 12,28 of Proverbs: “there is life in the path of righteousness, there is no death on its path.” Practicing charity is considered a greater ethical/moral achievement than offering of sacrificial animals to G’d as we read in Proverbs: 21,3 “G’d prefers the performance of righteousness to the presentation of sacrificial offerings.”

"and my wrath shall burn": R. Yishmael says: Burning of wrath is mentioned here, and elsewhere (Devarim 11:17) "And the wrath of the L rd shall burn in you." Just as there, withholding of rain and exile are indicated, here, too, these (are understood). And just as here "by the sword," so, there by the sword. "and your wives will be widows, and your children, orphans": From "and I shall kill you by the sword," do I not know that your wives will be widows, and your children, orphans? Why need this be written? (They will be widows) as in (II Samuel 20:3) "And they were bound up in living widowhood (never to remarry) until the day they died." Now does this not follow a fortiori, viz.: If when you do not do what is just, your wives will be widows, then, if you do what is just, how much more so will you not be widows, etc.! As it is written (Zechariah 7:9) "Judge a true judgment," (Ibid. 8:16) "Truth and a judgment of peace shall you judge in your gates," (Isaiah 56:1) "Thus said the L rd: Guard justice and do righteousness, for My salvation is sure to come" — how much more so (if you do this,) your wives will not be widows, and your children, orphans! And thus is it written (Devarim 6:2) "So that you fear the L rd your G d, etc.", and (Ibid. 11:19) "And you shall teach them to your sons," followed by (21) "so that your days be prolonged," and (Isaiah 65:22) "For as the days of the tree (of life) will be the days of My people", (Ibid. 23) "they will not labor in vain; they will not give birth for panic (i.e., to have their children die in their lifetime). For they (their children) will be seed blessed of the L rd, and their children (will always be) with them", and (Ibid. 48:19) "and your seed will be as the sand, and your offspring as its (the sea's) offspring (in its abundance)", (Ibid. 66:22) "for just as the new heavens and the new earth which I will create (in those days) will endure before Me … so will endure (eternally) your children and your name (Israel)", and (Ibid. 59:20) "And the redeemer (the Messiah) will come to Zion, and to those who repent of sin in Yaakov", and (Ibid. 21) "And now, this is My covenant with them, says the L rd: My spirit which is upon you, etc." How much more so will your days be prolonged in this world and you will see children and children of children, and you will merit life in the world to come!

ובניכם יתומים, “and your children will become premature orphans.” This will be the result of an orphan complaining to G’d about being treated unfairly. This type of retribution is quite different from death sentences handed out by a heavenly court of law. Concerning such penalties the Torah employs such syntax as ומתו בו כי יחללוהו, “they will die on account of having profaned it or Him.” (Leviticus 22,9) Examples of how such decrees are carried out would be soldiers dying in battle, (i.e. before having completed a normal life cycle).

אם ענה תענה אותו, Rashi comments on that line in verse 22 that it contains an abbreviated dire warning without spelling out the kind of penalty resulting. The penalty mentioned in verse 23 refers only to G’d’s response to a complaint by the injured party, whereas no mention is made of the penalty imposed when the injured party did not complain to G’d about being maltreated. Nachmanides writes that Rashi is not correct, but that the words אם ענה תענה אותו, have to be understood as in lieu of the words “if he will complain to Me” preceding the punishment of the offender in time, that G’d threatens that He will immediately respond to the complaint if the oppressed orphan even before he has finished complaining. The apparently illogical sequence of this line underlines the immediacy of G’d’s response. The reason for G’d’s “haste” in responding to the outcries of widows and orphans is that whereas ordinary people try to mobilize their social contacts or their wealth to help them over temporary difficulties, the orphans and widows have no such means to fall back on. Only G’d will avenge the wrong done to them