Commentaire sur L’Exode 22:22

אם ענה תענה אתו IF THOU AFFLICT THEM IN ANY WISE — This is an elliptical phrase — the text threatens but breaks off and does not specify immediately the punishment which will fall upon those who do this. We have the same in, (Genesis 4:15) “Therefore whosoever slayeth Cain …” it threatens but does not specify the punishment. So, here, too: “If thou afflict them in any wise”, — this is a threat, as much as to say: “in the end you will get your deserts!” Why are you certain to get them? “Because (כי) if (אם) they cry at all unto Me, I will surely hear their cry”.

IF THOU AFFLICT HIM IN ANY WISE. “This is an elliptical verse; it threatens, but does not explain the punishment needed to complete the sense of the verse. It is like the verse, therefore, whosoever slayeth Cain,³⁰⁸Genesis 4:15. which does not explain what the punishment is. Here too, if thou afflict him in any wise, is an expression of determination to inflict punishment, as if to say: ‘In the end you will get your deserts. Why? For if he cry unto Me I will hear him, and I will avenge him.’” This is Rashi’s language. But it is not correct [to interpret a verse on the basis of such a long omission, in order to complete the sense]. The witness he brings [i.e., the verse about Cain] also does not testify to that [kind of long omission]. But it is possible that the word ki [generally translated “for”], here means “if,” for this is one of the usages of the word ki,³⁰⁹Rosh Hashanah 3a. The verse here reads: ki im tza’ok yitzak, and is generally translated: “for if he cry.” But with the word ki understood as “if”, the verse would read: “if if he cry,” as explained further on in the text. and the verse thus states: “if if he cry at all unto Me, I will surely hear his cry,” the repetition of the word “if” being used in order to show the gravity and importance of the matter, similar in usage to these phrases; hamiblie ein k’varim [generally translated: “Was it because there were no graves…?” — but literally: “was it because there were ‘no no’ graves…?”];³¹⁰Exodus 14:11. harak ach b’Mosheh [generally translated: “hath the Eternal indeed spoken only with Moses”, but literally: “‘only only’ with Moses].”³¹¹Numbers 12:2.
The correct interpretation appears to me to be that He is stating: “If thou afflict him in any wise, if he will only just cry at all unto Me I will at once hear his cry: he does not need anything else at all, for I will save him and avenge his cause from you. And the reason for this is that you oppress him because [you think] he has no one to help him against you, but behold he has more help than anyone else. For other people will try to find saviors to save them, and helpers to avenge their cause, and perhaps they cannot profit nor deliver,³¹²I Samuel 12:21. while this one will be saved by the Eternal merely through his crying out, and He will take vengeance from you, for The Eternal is a jealous and avenging G-d.”³¹³Nachum 1:2. There are many verses to a similar effect. Thus, that which He said, Rob not the weak, because he is weak, neither crush the poor in the gate; for the Eternal will plead their cause,³¹⁴Proverbs 22:22-23. means: “rob not the poor merely because he is poor and has no helpers, nor crush the poor in your gates, for the Eternal will plead on their behalf.” Similarly He said, And enter not into the fields of the fatherless, for their Redeemer is strong;³¹⁵Ibid., 23:10-11. the Eternal of hosts is His Name,³¹⁶Jeremiah 50:34: Their Redeemer is strong, the Eternal of hosts is His Name. for they have a Redeemer Who is stronger and closer to them than all people have. Here also He said, that just by his cry, the fatherless will be saved. Likewise: For as the rain cometh down and the snow from heaven, and returneth not thither, except it water the earth, and make it bring forth and bud, and give seed to the sower and bread to the eater; so shall My word be that goeth forth out of My mouth; it shall not return unto Me void, except it accomplish that which I please.³¹⁷Isaiah 55:10-11. In both phrases [except it water — except it accomplish] He is stating that they³¹⁸I.e., the rain and the snow. will do nothing else other than to water the earth immediately, and so also will My word do that which I please. Thus the meaning of the word ki [ki im hirvah — ki im asah: except it water — except it accomplish] has the sense of “but.” And so also: ‘ki im’ (but) I will depart to mine own land, and to my kindred.³¹⁹Numbers 10:30.

If you do mistreat him. The verse should have really said “If you mistreat them,” since it is speaking of all three categories mentioned above. It uses the singular to hint that sometimes the mistreating of the orphan alone causes both him and his mother—the widow—to cry out to Hashem. Thus the oppressor incurs a double punishment. Alternatively, since Hashem is the “Father of orphans,” if one mistreats an orphan one mistreats Him as well, so to speak. This causes His attribute of judgment to cry out in heaven at the same time that the orphan cries out on earth.

אם ענה תענה אותו, If you afflict them in any way, etc." Why did the Torah have to write the word אותו, "him," and did not merely write אם תענהו, using the pronoun ending? We would have known that the subject of the verse is the orphan just mentioned. Perhaps we can best explain this with the help of the Mechilta on the words לא תענון. The author writes that but for the word לא תענון in verse 21, I would have thought that this injunction applies only to widows and orphans. Whence do I know that one must not treat people generally in an exploitative manner? This is why the Torah writes לא תענון. Thus far the Mechilta. Since the words לא תענון apply to people as a whole, the word אותו in verse 22 is needed to tell us that the special penalty in store for people transgressing this commandment spelled out in verse 23 applies only if the violation was committed against either a widow or an orphan.

אם ענה תענה אותו, “if you as an individual will be guilty of oppressing such an unfortunate person, etc.” the Torah addresses every such individual not only as a member of society, but in his capacity as a heartless individual.

But does not make clear his punishment. The word כי always gives a reason for the point made before it. Thus we must say this is a “short” verse [since it omitted the point that the reason explains]. It is as if the verse is saying: “If you do mistreat him, in the end you will get yours. Why? When he cries out to Me. . .” This is as Rashi himself explained.

V. 22 u. 23. אותו !אם ענה תענה אותו: zunächst sich auf יתום beziehend, dem Sinne nach aber ebenso אלמנה einschließend. Wehe, wenn auch du, der Staat, sie misshandeln, sie inne werden lässest, dass sie ihren Vertreter und ihre Stütze verloren! Wehe, wenn Witwen und Waisen in der Gesellschaft leiden und nicht einmal bei den staatlichen Vertretern der Gesamtheit Recht und Beistand finden, wie Jesaias 1, 13 geklagt wird: יתום לא ישפטו וריב אלמנה לא יבא אליהם. Wehe, wenn sie erst zu mir aufschreien müssen; bei mir finden sie gewiss Gehör, und ich lasse den Staat und die Gesellschaft es büßen, von denen der Schwache erst an Gott appellieren muss. —

אם ענה תענה אותו, “if you nonetheless oppress him, etc;” Rashi points out that at this point the penalty for such behaviour has not been spelled out, but it is spelled out when the victim complains to G-d about the treatment that he had to endure. The verse has two sections, the second one commencing with: “your wives will become widows, etc.”

Wie jüdische Gewissen und jüdische Richter diese Warnung verstanden, lehrt R. Jischmaels und R. Schimeons Zwiegespräch, als sie zusammen zur Erleidung des Märtyrertodes hinausgeführt wurden. רבי לבי יוצא, sagte auf dem Wege R. Schimeon zu R. Jischmael: "Rabbi, mein Herz geht mir aus," שאיני יודע על מה אני נהרג, "denn ich weiß nicht, weshalb ich den Tod zu erleiden habe". Darauf R. Jischmael zu R. Schimeon: מימיך בא אדם אצלך לדין או לשאלה ועכבתו עד שתהא שותה כוסך ונוטל סנדלך או עוטף טליתך אמרה תורה אם ענה תענה אחד עינוי מרובה ואחד עינוי מועט אמר לו ניחמתני רבי ,vielleicht ist einmal jemand der Rechtsentscheidung oder der Gesetzesbelehrung willen zu dir gekommen und du hast ihn warten lassen, bis du fertig getrunken, deine Sandalen genommen, dein Tuch übergeworfen, das Gesetz spricht: Wenn du irgendwie ihn seine Abhängigkeit fühlen lässest, die Größe der Demütigung ist gleichgültig." — "Du hast mich getröstet," antwortete R. Schimeon (מכילתא).

כי אם צעוק יצעק, “but if you do mistreat them;” this is a reference to the orphan, as he, being a minor does not even have a concept of what such discrimination means and he does not know how to show people what he feels, as opposed to the widow who had not always been mistreated while her husband had been alive.

שמוע אשמע צעקתו, “I will most certainly respond to his outcry;” for people guilty of oppressing him should have been punished by the court; the Torah proceeds to describe that G-d will apply penalties which reflect the sin of the sinner so that he will know why he has been punished. (Rash’bam)