Musar su Deuteronomio 22:6

The third level is the negative commandment that is rectified by a positive commandment: Our Rabbis, may their memory be blessed, said (Chullin 141a) [that] we do not give lashes for a negative commandment that is rectified by a positive commandment - for example (Deuteronomy 22:6), “you shall not take the mother from over the young,” is rectified by a positive commandment, as it is stated (Deuteronomy 22:7), “You shall surely send away.” But even though they would not give lashes through the court [in such a case], there were some with weighty punishments, such that it would reach the heavens and their judgement would be raised to the clouds. For example theft - as it is stated (Leviticus 19:13), “you shall not rob” (Leviticus 5:23) - is rectified by a positive commandment, as it is stated “and returned what he robbed.” Yet they said (Sanhedrin 108a), “The final judgement of the generation of the Flood was sealed only because of robbery, as it is stated (Genesis 6:13), ‘The end of all flesh has come in front of Me, for the earth is filled with extortion.’” And even though sexual immorality is weightier than robbery, it is the characteristic of the punishment of robbery to bring close its day and to quicken the future [consequences] to it. And they [also] said (Vayikra Rabbah 33:2), “[If you have] a seah full of iniquities, there is no prosecutor among all of them like robbery.” And King Solomon, peace be upon him, said about treasures [acquired] from dishonesty and fraud (Proverbs 21:6), “Treasures acquired by a lying tongue are like driven vapor, heading for death.” The explanation is [that] treasuries [acquired from] dishonesty and fraud are vanishing vapor, for their end is destruction. And while they are still in his possession, they are his enemies and seek the life of their master and cause his death - like the matter that is stated, (Habakkuk 2:9-11) “Ah, you who have acquired gains to the detriment of your own house, etc. For a stone shall cry out from the wall.” And in [the case of] robbing the poor, one is liable for death at the hands of the Heavens on account of it, as it is stated (Proverbs 22:22-23), “Do not rob the indigent for he is indigent; and do not crush the poor man in the gate. For the Lord will take up their cause and despoil those who despoil them of life.” Its explanation is, “do not rob from the indigent” because “he is indigent” and has no one to help him; “and do not crush the poor man in the gate,” with shame and disgrace. And “in the gate,” is to say, in public. And it is like the matter that is stated (Isaiah 3:15), “How dare you crush My people and grind the faces of the poor?” “For the Lord will take up their cause,” since they have no support, or someone to argue and take up their cause. “And despoil those who despoil them of life” - since the cry of the indigent has been brought to Him, He will not take money from you in place of the loot that you robbed, but rather God will remove your soul. And it is stated (Job 27:8), “For what hope has the impious man when he is cut down, when God takes away his life?” And it is also stated (Proverbs 1:19), “Such is the fate of all who pursue unjust gain; It takes the life of its possessor.” And one who torments and pains a widow or an orphan - whether with robbery, or fraud or shame or any type of pain - is liable for death at the hands of the Heavens. And likewise the judges who are able to rescue someone robbed from him who defrauded him, and do not judge [the case of an] orphan, have a death sentence upon them - as it is stated (Exodus 22:21-23), “You shall not ill-treat any widow or orphan. If you do oppress them, I will heed their outcry as soon as they cry out to Me. And My anger shall blaze forth and I will put you to the sword, and your wives shall become widows and your children orphans.” Its explanation is, “and your wives shall become widows,” corresponding to the oppression of the widow; “and your children orphans,” corresponding to the oppression of the orphan - measure for measure. And even though these punishments are not written [about the following], one who pains any Israelite transgresses a negative commandment - as it is stated (Leviticus 25:17), “A man shall not oppress (tonu) his kinsman.” And our Rabbis, may their memory be blessed, said (Bava Metzia 58b) the verse is speaking about verbal oppression. And that is from the contents of pain and torment, like the usage “(Isaiah 49:26), “I will make your oppressors (monayich) eat their own flesh.” And our Rabbis, may their memory be blessed, [also] said (Bava Metzia 59a), “All the gates [of prayer] have been closed, except for the gates of [one who is praying as a result of his] oppression.” And where Scripture was speaking about financial oppression, it mentioned buying and selling, as it is stated (Leviticus 25:14), “When you sell property to your kinsman.” And they said (Bava Metzia 58b) [that] verbal oppression is greater than financial oppression, for this is upon his body and that is upon his money - and about [the former] it stated (Leviticus 25:17), “but you shall fear your God,” but about [the latter (25:14)], “but you shall fear,” is not stated.

Generally speaking, the term גזרת המקום, a Heavenly Decree, is understood to mean something that cannot be explained rationally. This is also the way Maimonides explains this term in the Mishnah in Berachot 5,3, where we are told that if someone claims that the law of chasing away the mother-bird prior to taking its young (Deut. 22,6), is an expression of G–d's mercy on the birds, such a person must be stopped in his tracks, since we must not interpret G–d's laws as being based on human sensitivities. G–d's laws do not need a rationale in order for us to observe and cherish them. Maimonides was attacked for having made such a statement, as is well known. At any rate, if it is as Maimonides says, then all the commandments are merely decrees that need not be investigated as to their specific rationale! We have another Midrash which compares the legislation of the red heifer to a king who enters a country, and to whom his subjects say: "please impose some decrees upon us!" The king replies: "Once you accept me as your sovereign, I will begin to make decrees." Similarly G–d said to Israel: "Since you have accepted My sovereignty when I said: "I am the Lord your G–d, etc., now accept My decree not to have any other deities!"

Next he says that he is afraid that "he will smite me, mother and children." Why is the word "mother" in the singular? The Torah should have written: "mothers with their children." Bereshit Rabbah 76, 6 understands Jacob's words as an appeal to G–d who has written in His Torah "you must not take the mother bird (singular) together with the fledglings" (Deut. 22, 6). This too must be viewed as a strictly homiletic approach.