Musar su Esodo 22:21

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.

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.

And there are some of them that our Rabbis, may their memory be blessed, explained in the Talmud and in the Midrash, and most of them can be learned from the verse [itself]. For example, one who afflicts a widow or an orphan, as it is stated (Exodus 22:21-23), “you shall not afflict a widow or orphan. If you do mistreat them, etc., My anger shall blaze forth.” And our Rabbis, may their memory be blessed, said (Mekhilta D’Rabbi Yishmael, Mishpatim 18), “It is one if they cry out or they do not cry out.” [This is] meaning to say that when one who afflicts the widow or orphan is punished, it is the same doctrine whether the afflicted surely cries out under his hand or is surely silent. But when the orphan cries out to God, may He be blessed, the punishment comes quickly.

And there are some of them that our Rabbis, may their memory be blessed, explained in the Talmud and in the Midrash, and most of them can be learned from the verse [itself]. For example, one who afflicts a widow or an orphan, as it is stated (Exodus 22:21-23), “you shall not afflict a widow or orphan. If you do mistreat them, etc., My anger shall blaze forth.” And our Rabbis, may their memory be blessed, said (Mekhilta D’Rabbi Yishmael, Mishpatim 18), “It is one if they cry out or they do not cry out.” [This is] meaning to say that when one who afflicts the widow or orphan is punished, it is the same doctrine whether the afflicted surely cries out under his hand or is surely silent. But when the orphan cries out to God, may He be blessed, the punishment comes quickly.

There are several kinds of mercy and each rather far apart from the other. The mercy of a father on his child — this is a mercy that comes from the very nature of all creatures that live, as in the case of dogs and cattle. And then there is the case of the master who has mercy on his servant and the man who has mercy on his friend. Even though he expects some benefit from his act, nevertheless, it is very good that he should grasp and hold in his heart the quality of mercy. But the best and most lofty manifestation of the quality of mercy is when a man has mercy upon his son in order to bring him to the service of the Creator, may He be Blessed, as it is written; "The father shall make known Thy truth to his children" (Is. 38:19), and has more mercy upon his son's soul than upon his body. For it is necessary to strike him with the rod of chastisement in order to make him walk in the right path, yes, even if he chastises him harshly, for this apparently cruel conduct is in reality sublime mercy. And if he should withhold the rod of chastisement from his son because he feels too much pity for him to strike him and lets his son go on in the hardness of his evil heart — then this type of mercy drives out and destroys the son from life in the world to come. And even one who raises an orphan of whom it is said: "Ye shall not afflict any widow or fatherless child" (Exod. 22:21), it is a commandment to give stripes even to him in order to make him go upright in the upright path. Nevertheless he must, in spite of this command, (to correct the orphan) conduct himself with this orphan with more mercy than with all others, but he must not permit him to go on in the obduracy of his heart.

And in the general scope of cruelty is included him who robs his companion of anything and therefore caused him pain. And there is a great punishment in store for him who robs the poor — and one who does so is deserving of death as it is written: "Rob not the weak because he is weak" (Ibid. 22:22). And it is written: "For the Lord will plead their cause, and despoil of life those that despoil them" (Ibid. 22:23). And even though there be greater and more severe sins than robbery the punishment for robbing is very grievous, as it is written about the generation of the flood, "The end of all flesh is come before me; for the earth is filled with violence through them" (Gen. 6:13). Our Rabbis said, "If there is a box filled with sins — there is no more severe accuser among them than robbery" (Sanhedrin 108a). And he who causes pain to an orphan or a widow through robbing them or shaming them or any kind of malicious pain is worthy of death through the power of Heaven. This is also true of judges who have the power to save them from the hand of their oppressors and do not fairly judge the case of the orphan or the widow — they are deserving of death as it is written: "You shall not afflict any widow or fatherless child" (Exod. 22:21). And it is further written: "If you afflict him in any way, for if he comes unto me I will surely hear his cry" (Ibid. : 22). And it is written : "My wrath shall burn and I will slay you with the sword and your wives will be widows and your children will be orphans" (Ibid.:23). Measure for measure: "Your wives shall be widows" for "afflicting widows" and "your sons shall be orphans" for afflicting orphans."

"You shall not deal with him as a creditor does" (Exodus 22:24), means not to cause pain to the borrower. And the lender should even avoid walking by the borrower when he knows that the borrower has no money with which to pay back the loan, (Baba Mezi'a 15) for the lender distresses the borrower with this kind of conduct. And we have been warned to remove from our souls the quality of cruelty, as it is written: "You shall not afflict any widow or fatherless child" (Exod. 22:21), and it is written: "And you shall not wrong one another and you shall fear your God" (Lev. 25:17). We are commanded to return to the poor his pledged article as is written: "If you take the garment of the poor in pledge you shall restore it to him before the sun goes down" (Exod. 22:25), as it is said: "And it shall be when he cries unto me that I will hear for I am gracious." And it is said : (Ibid. : 26) "And you shall not wrong nor oppress a stranger."

The following is an excerpt of the סמ"ג’s introduction to the list of negative commandments: " Maimonides includes a widow and an orphan as a collective entity whenever the Torah enjoins us to treat the widow or orphan in a certain way, or not to treat them in a certain way. Similarly Maimonides lumps the Moabite and the Ammonite together. Whenever we read in the Torah that a Moabite or a member of the people of Ammon is prohibited from something, this constitutes a single prohibition in Maimonides' count. Maimonides also treats the prohibition of שאור ודבש, leaven and honey which are forbidden to constitute a smoke or incense offering on the altar, as a single negative commandment (cf. Leviticus 2,11). Maimonides similarly views the physical blemishes mentioned in Deut. 23,2 (someone whose member is cut off, or whose testes have been crushed and who is therefore prohibited from marrying a Jewish woman), as a single negative commandment. The same applies to someone eating the Passover sacrifice whether it is raw or boiled in water (Exodus 12,9). Because Maimonides has thereby reduced the number of negative commandments making up the required number of 365, he was forced to look for other negative commandments to make up the required number. We have already demonstrated in the name of Rashi that the prohibition of offering leaven or honey on the altar constitutes two separate Biblical prohibitions. Rashi also admits that though the widow and the divorcee that the High Priest is prohibited from marrying (Leviticus 21), are mentioned together we deal here with two separate prohibitions. When discussing these respective commandments in our book, we have demonstrated clear proof that this is so." So far the introductory comments of the סמ"ג.