Halakha Keluaran 22:23: Mishneh Torah, Human Dispositions & Sefer HaChinukh

A man is obliged to watch out for orphans and widows, for their soul is very lowly, and their spirit humble even though they be wealthy in money, even though they be the widow and orphans of a king, we are charged concerning them, for it is said: "Ye shall not afflict any widow or fatherless child" (Ex. 22.22.). What, then, are the rules of conduct toward them? One must not speak to them save in soft words; not to treat them in any way, save in an honorable way; not to pain their body with labor, nor their heart with hard words; to be careful with their money more than with the money of one's own self. He who worries them, or vexes them, or pains them, or masters them, or causes the loss of their money, violates a prohibitive commandment, needless to mention one who smites them or curses them. This prohibitive commandment, notwithstanding that the punishment of flogging is not inflicted for its violation, behold, the punishment therefor is plainly stated in the Torah: "My wrath shall wax hot, and I will kill you with the sword" (Ibid. 22.23). Moreover, He Who spoke and called the universe into being, made a covenant with them, that whenever they will cry out against violence, they shall be answered, even as it is said: "For if they cry at all unto Me, I will surely hear their cry" (Ibid. 22.22). But all these warnings are applicable when one afflicts them out of a selfish motive; but if the master who, in order to instruct them in the Torah, or teach them a trade, or lead them in a righteous path, does inflict punishment upon them when they are contrary, behold, such he may do. Nevertheless, he should not follow the rules of other people in dealing with them but conduct himself toward them differently, to lead them slowly, with great mercy and honorable consideration, even as it is said: "For the Lord will plead their cause" (Prov. 22.23). Whether it be a fatherless orphan or a motherless orphan, the treatment to be accorded to them must be identical. Now, until when are such called orphans for the purpose of the subject treated herein? Until they will have no need to lean upon a grown-up person to rear them and support them, but each one be able to take care of all his personal needs even as all other adults do.

And this commandment is practiced in every place and at all times by males and by females, that all people are obligated to treat them gently and honorably. And behold, one who transgresses it and angers them or taunts them or afflicts them or subjugates them or destroys their money — and all the more so, if he hits them — violates a negative commandment. And even though we do not administer lashes for this — as the affliction is not something [clearly] defined, such that we can give lashes for it, since the evil afflicter can make the lying claim that he afflicted them according to the law or for their benefit — God, may He be blessed, Who examines the hearts, will [redress] their pain. And behold his punishment is explicit in the Torah, as it is stated (Exodus 22:23), “and I shall kill you with the sword” — meaning to say, measure for measure, such that the wives of the afflicters become widows and their children, orphans, and [they will] not find someone who has mercy upon them. As in the way that a person measures, so will he be measured (Sotah 8b). And if the afflicter is a female, she will die and her husband will marry another woman who will afflict her children. And they, may their memory be blessed, expounded, “if he will surely cry to Me” — a son complains to his father, a wife to her husband, a widow and orphan to Me, “and I will listen, as I am gracious” (Exodus 22:26). And Ramban, may his memory be blessed, (on Sefer HaMitzvot, Negative Commandments 256) counts the prohibition towards the orphan and the widow as two negative commandments, because of the reason we wrote above (Sefer HaChinukh 7).