"Mishpatim — Part V — Compassion as the Heart of Justice"

5.3 — The Cry of the Widow and Orphan

Why the Torah singles out the vulnerable

Parshas Mishpatim devotes special attention to those who stand at the margins of power: the widow, the orphan, and the stranger. The Torah does not treat them as one group among many. It singles them out, names them explicitly, and warns of consequences that are unusually severe.

The Torah states:

שמות כ״ב:כ״א–כ״ג
“כָּל־אַלְמָנָה וְיָתוֹם לֹא תְעַנּוּן.
אִם־עַנֵּה תְעַנֶּה אֹתוֹ, כִּי אִם־צָעֹק יִצְעַק אֵלַי—שָׁמֹעַ אֶשְׁמַע צַעֲקָתוֹ.”

“You shall not afflict any widow or orphan. If you do afflict them, and they cry out to Me, I will surely hear their cry.”

The Torah does not merely forbid mistreatment. It promises a direct Divine response. The cry of the powerless does not disappear into the air. It rises upward, and the Torah assures that it is heard.

Power as a moral test

Most legal systems are designed to regulate conflicts between equals: two parties, two claims, two sides to a dispute. The Torah goes further. It directs the moral focus toward those who cannot defend themselves at all.

The widow and orphan represent the person without natural protection:

• No strong family structure to advocate for them
• No economic base to shield them from exploitation
• No social status to command respect
• No influence in the centers of power

Such people depend not on strength, but on the conscience of society. The Torah therefore measures justice not by how the strong treat one another, but by how they treat those who cannot fight back.

A society that protects the vulnerable is just. A society that ignores them is morally unstable, no matter how advanced its institutions may appear.

Rashi: the Torah speaks of the common reality

Rashi explains that the Torah mentions the widow and orphan not because only they are vulnerable, but because their situation is typical. They lack the natural defenders that others possess. Without a spouse or parent, they are easily ignored or mistreated.

For Rashi, the Torah is addressing a psychological truth. People often take advantage of those who cannot respond. They speak harshly to those who have no one to defend them. They delay payment to those who cannot protest. They treat the unprotected as though their pain carries less weight.

The Torah intervenes in that instinct. It says: precisely where a person has no defender, Hashem Himself becomes the defender.

This transforms the moral equation. The vulnerable are not alone. Their cry carries spiritual consequence.

Rambam: compassion as a legal obligation

Rambam codifies these laws with unusual emphasis. He explains that although the Torah mentions widows and orphans specifically, the principle extends to anyone whose spirit is broken or whose position is weak.

The prohibition is not limited to physical harm. It includes:

• Harsh speech
• Emotional mistreatment
• Psychological pressure
• Exploitation of vulnerability

Rambam teaches that the Torah demands a special tone when dealing with such individuals: gentle speech, patience, and dignity. The mitzvah is not only about avoiding harm. It is about actively preserving the human spirit.

This reveals an important principle: the Torah does not separate law from compassion. Compassion is itself part of the law.

The cry that reaches heaven

The Torah’s language in this passage is striking. It does not say that the court will punish the offender. It says that Hashem Himself will hear the cry.

This teaches a deeper lesson about justice. Human systems may fail. Courts may overlook a case. Society may ignore a voice. But the Torah insists that no cry is ever lost.

The moral universe has memory. It records suffering, especially when that suffering comes from the misuse of power. When the powerless cry out, their voice carries a special weight.

This is not meant to frighten. It is meant to guide. A person who remembers that every vulnerable individual is heard by Heaven will treat them with greater care.

Application for Today — building systems that protect the powerless

The Torah’s warning about the widow and orphan is not limited to ancient society. Every generation has people who stand in similar positions: those without support, influence, or protection.

Living this mitzvah today can take practical forms:

• Speaking gently and respectfully to those in fragile emotional or financial situations.
• Structuring workplaces, schools, and communities so the vulnerable are not overlooked or exploited.
• Giving special attention to those who lack family support, stability, or social standing.
• Creating policies that measure success not only by growth or efficiency, but by the protection of the weakest members.

The Torah teaches that the true test of justice is not how a society treats its leaders, but how it treats its most fragile members. When the powerless feel safe, the covenant is alive. When their cries are ignored, something essential has been lost.

📖 Sources

• Full sources available on the Mitzvah Minute Parshas Mishpatim page under insights and commentaries.