"You shall not afflict any widow or orphan": Caring for the vulnerable

1. The Prohibition

"You shall not afflict any widow or orphan" is a Torah mitzvah prohibiting causing distress to widows and orphans.

2. The Source in the Torah

It is written in Sefer Shemot (Exodus, chapter 22, verses 21-23): "You shall not afflict any widow or orphan. If you afflict them in any way, and they cry out to Me, I will surely hear their cry. My wrath will become heated, and I will slay you with the sword; your wives shall be widows and your children orphans."

3. Just Widows and Orphans?

The Talmudic Sages debated the meaning of "widows and orphans": According to Rabbi Yishmael, the law  prohibits afflicting anyone and widows and orphans were mentioned only as examples of people who are more likely to be vulnerable. According to Rabbi Akiva, the mitzvah refers specifically to widows and orphans, and this is how Rambam (Maimonides) rules in Mishneh Torah (Book of Knowledge, Laws of Character, chapter 6, law 10).

4. The Widow and Orphan

Many Torah authorities, including Nachmanides, note that the verse prohibits afflicting "any widow" and therefore they stress that the prohibition applies even regarding a wealthy widow and even the widow of a king, because widows "cry easily and they are also downtrodden and vulnerable." The Sefer HaChinuch (Book of Commandments, mitzvah 65) suggests that this mitzvah may also apply to divorced women.

An "orphan" is defined as a child whose father or mother passed away while they were still dependent on them. They retain orphan status for as long as they are incapable of supporting themselves. Rambam writes: "Until when are they considered orphans in this matter? Until they no longer need to rely on an adult to take care of them, and can manage all their own needs independently like other adults."

5. The Obligation to Assist

The Talmudic Sages stress that "affliction" need not be something major to qualify for the prohibition, as the Torah verse does not distinguish between greater or lesser levels of suffering. The Midrash provides an example of what one might consider minor "affliction" and yet is prohibited: If an orphan or widow goes to a rabbi to ask a question, and the rabbi first finishes his drink or puts on his shoes before responding.

The rabbis therefore conclude that not only may one not afflict a widow or orphan, but one must also actively care for their welfare.

According to Rambam: "One must be very careful regarding orphans and widows because their souls are extremely downtrodden and their spirits low ... How should one deal with them? One should speak to them only gently and treat them with respect; not cause them physical pain through work or emotional pain through harsh words; and be more concerned about their property than one's own. Anyone who angers them, provokes them, causes them pain, dominates over them, or causes them financial loss violates a negative commandment, and all the more so one who strikes or curses them."

According to the Sefer HaChinuch (mitzvah 65), various rabbinic enactments in monetary laws benefiting orphans and widows were inspired by this commandment. He writes that the rabbinic court is obligated to appoint a guardian for orphans' property to manage it properly. Indeed, the Sages ruled that a person who holds a promissory note against orphans' property cannot collect the debt from the inheritance unless he swears that their father did not repay the debt. In general, it is stated in the Talmud that the court is "the father of orphans" (Gittin 37a).

6. The Punishment for Violating the Prohibition

The Torah mentions a divine punishment for one who afflicts orphans and widows, measure for measure: "If you afflict them in any way, and they cry out to Me, I will surely hear their cry. My wrath will become heated, and I will slay you with the sword; your wives shall be widows and your children orphans."

7. Affliction for Educational Purposes

Rambam qualifies the prohibition: "When does this apply? When one afflicts them for one's own benefit. But if one afflicts them to teach them Torah or a trade, or to guide them on the right path -- this is permitted. Nevertheless, one should not treat them like everyone else, but should make a distinction for them and guide them gently, with great compassion and respect."