To not abuse the orphan and the widow: That we have been prevented from burdening — by action or even by speech — the orphans and the widows, as it is stated (Exodus 22:20), “Every widow and orphan you shall not abuse.” Rather, all of a person’s give and take (business matters) with them should be calm and with kindness and pity.
That which I have written adjacently regarding the matter of a convert is from the roots of the commandment — it is because these are of weak (weary) power; as they have no one to make their claim against any one — as would have done the husband of the widow and the father of the orphans had he been alive. And therefore, our perfect Torah warned us to acquire the trait of kindness and mercy for our souls, so that we be straight in all of our deeds as if there were a claimant making a strong claim against us. And we should be concerned and have pity upon them, and see their [side] in every thing; [even] more than we would have done if their father and husband had been alive.
From the laws of the commandment is that which they said (Mishneh Torah, Human Dispositions 6:10) that even the widow of the king and his orphans are [included] in this prohibition, and how do we to behave towards them: That we should only speak softly with them; that a person should only behave honorably towards towards them, and not hurt them in their bodies with work, nor embarrass them with words; and be concerned about their money more than about his own money. And because of this, they, may their memory be blessed, said (Shevuot 45a), that one who comes to collect [a debt] from their monies — even if he has a validated deed — may not collect without [taking] an oath, which is not the case with another. And they, may their memory be blessed, said (Bava Batra 23a) that if they have a quarrel with anyone — that the court is obligated to make a claim for them, against the one who sues them, and they claim for their benefit anything they think that their father would have been able to claim; and if they have money, that the court must force anyone they find that is wealthy — beyond possessions that are liened — and that is a trustworthy man who loves peace and is upstanding, and deposit the money of the orphans with him, to do business with (invest) it in a way that is likely to profit the orphans and be far from loss (low-risk) (Bava Metzia 70b), which they did not permit with another person due to a rabbinic prohibition on interest. And they also force any person that is good for them to put his eye on their properties, if their father had not left any custodian for them.
And they also said about them (Gittin 52a) that their hand be on the higher (they be given the advantage) in all give and take that they have with anyone, as [is this case] with consecrated property; and in one [case], even more than consecrated property. How is this? [If] the orphans sold their fruit and the purchaser dragged some of them towards him but did not yet give the money and [their value] appreciated in the interim, they can retract, since their properties are only acquired through money — like consecrated property, about which it is written, “and he gives him the money and it is established for him” (and not by dragging as is otherwise the standard). If the fruits depreciated, the buyers may not retract, as the power of a commoner should not be weightier than their power. And so [too], if they bought the fruit and they dragged them and did not give the value, and they appreciated, the seller cannot retract, so that the power of the commoner not be greater than their power. But if they depreciated, they could retract; however for the sake of their welfare, [the rabbis] said they are not able to retract — so that they will be able to find someone to sell them fruit on credit. If they gave the value to the seller for fruit and they did not drag the fruit, and the fruit depreciated — they can recall [it]. And this is the one [case] that we said they have an advantage over consecrated property. As consecrated property cannot be recalled in this case — as since in the same case with a commoner there is a [curse called] the One who repaid [placed upon the one who retracts], the Sages did not want to apply a lowly trait for [such] a small gain for consecrated property. But with orphans, it is enough for them to be like the rest of the people; and since the rest of the people can retract [in this case], according to [the letter of] the law — except that they [are given a curse] — it is correct that (orphans, who do not receive a curse), [be allowed] to retract. [If] the orphans gave the value, but did not drag the fruit, and they appreciated — the sellers may retract, [though] they retract and receive [a curse]. But this is for the welfare [of the orphans], as if their law would be that they acquire with the giving of money, the seller would tell them that they burned up or got lost from duress (it was beyond his control). And you might say, they should be in their possession for any benefit of theirs — that if they want, they take them regardless; and if they do not, they do not take them — so that the buyer not give this answer. [If so,] your answer is that it is impossible to do all this for them — as it is not correct to give them the property of [other] people. It is enough for them that for their benefit we sometimes [administer] Torah law upon them and sometimes [administer] rabbinic law upon them. But above all this, it is not correct to give them the money of the [rest of] the world, and similar to that which they said about them in the Gemara, (Bava Metzia 70a), “Orphans that consume what is not theirs will follow those that left them (and die).” [If] the orphans took the value for their fruit, but the buyer did not drag some of them, and they depreciated — the buyers can retract according to the law and receive [a curse]. As if you say, “Let us [administer] Torah law upon them, and since the buyers gave the money, they acquired the fruit and the buyers may not retract” — this would be bad for the orphans, as they would never find someone who will advance them money for their fruits. And it is possible that they will need money at that time; and it will come out for them that this advantage will sometimes be a great loss. And so [the Rabbis] investigated every side of their benefit that was possible and arranged it for them.
And the orphans never receive [a curse] for anything that the custodian does; nor does the custodian either — since he is recalling on their behalf (Bava Metzia 74b). And so [too] is the law more generally regarding an agent who gives and takes with the knowledge of his sender, that neither of them receives [a curse]. And nonetheless, they said about them that it is permitted to oppress them a little for their benefit — for example a teacher towards his student in Torah or in a craft. However even for their benefit, it is a commandment to be more lenient upon them than upon other people. And they also said that there is a covenant made with them that their cries will be answered, as it is stated (Exodus 22:22), “I will surely hear his cry”; and that they are called orphans regarding the matter of this commandment until they do not need an adult for their business affairs, but rather administer all of their own needs like all other adults. And the rest of its details are elucidated in scattered places in the Gemara and in Midrash. (See Mishneh Torah, Laws of Human Dispositions 6.)
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).
שֶׁלֹּא לְעַנּוֹת יָתוֹם וְאַלְמָנָה – שֶׁנִּמְנַעְנוּ מֵהַכְבִּיד בְּמַעֲשֶׂה אוֹ אֲפִילּוּ בְּדִבּוּר עַל הַיְּתוֹמִים וְהָאַלְמָנוֹת, שֶׁנֶּאֱמַר (שמות כב כא) כָּל אַלְמָנָה וְיָתוֹם לֹא תְעַנּוּן, אֲבָל כָּל מַשָּׂאוֹ וּמַתָּנוֹ שֶׁל אָדָם עִמָּהֶם יִהְיֶה בְּנַחַת וּבְחֶסֶד וּבְחֶמְלָה.
To not abuse the orphan and the widow: That we have been prevented from burdening — by action or even by speech — the orphans and the widows, as it is stated (Exodus 22:20), “Every widow and orphan you shall not abuse.” Rather, all of a person’s give and take (business matters) with them should be calm and with kindness and pity.
מִשָּׁרְשֵׁי הַמִּצְוָה, מָה שֶׁכָּתַבְתִּי בְּסָמוּךְ בְּעִנְיַן הַגֵּר, לְפִי שֶׁאֵלּוּ הֵן תַּשֵּׁי (תְּשׁוּשֵׁי) כֹּחַ שֶׁאֵין לָהֶם מִי שֶׁיִּטְעַן טַעֲנוֹתָם בְּכָל נֶפֶשׁ כְּמוֹ שֶׁהָיָה עוֹשֶׂה אִישׁ הָאַלְמָנָה וַאֲבִיהֶן שֶׁל יְתוֹמִים אִם הָיָה קַיָּם, וְעַל כֵּן הִזְהִירַתְנוּ תּוֹרָתֵנוּ הַשְּׁלֵמָה לִקְנוֹת מִדַּת חֶסֶד וְרַחֲמִים בְּנַפְשֵׁנוּ וְנִהְיֶה יְשָׁרִים בְּכָל מַעֲשֵׂינוּ כְּאִלּוּ יֵשׁ כְּנֶגְדֵּנוּ טוֹעֵן בְּכֹחַ הַטַּעֲנָה בְּהֶפְכֵּנוּ, וְנָחוּס וְנַחְמֹל עֲלֵיהֶם וְנִרְאֶה זְכוּתָם בְּכָל דָּבָר יוֹתֵר מִשֶּׁהָיִינוּ עוֹשִׂים אִם הָיָה הָאָב וְהַבַּעַל קַיָּם.
That which I have written adjacently regarding the matter of a convert is from the roots of the commandment — it is because these are of weak (weary) power; as they have no one to make their claim against any one — as would have done the husband of the widow and the father of the orphans had he been alive. And therefore, our perfect Torah warned us to acquire the trait of kindness and mercy for our souls, so that we be straight in all of our deeds as if there were a claimant making a strong claim against us. And we should be concerned and have pity upon them, and see their [side] in every thing; [even] more than we would have done if their father and husband had been alive.
מִדִּינֵי הַמִּצְוָה, מָה שֶׁאָמְרוּ (רמב"ם דעות ו י) שֶׁאֲפִלּוּ אַלְמְנָתוֹ שֶׁל מֶלֶךְ וִיתוֹמָיו בְּאַזְהָרָה זוֹ, וְהֵיאַךְ נוֹהֲגִין עִמָּהֶם, שֶׁלֹּא נְדַבֵּר אֲלֵיהֶם אֶלָּא רַכּוֹת. וְלֹא יִנְהַג אָדָם בָּהֶם אֶלָּא מִנְהַג כָּבוֹד, וְלֹא יַכְאִיב גּוּפָן בַּעֲבוֹדָה, וְלֹא יַלְבִּינֵם בִּדְבָרִים, וְיָחוּס עַל מָמוֹנָם יוֹתֵר מֵעַל מָמוֹן עַצְמוֹ. וּמִפְּנֵי כֵן אָמְרוּ זִכְרוֹנָם לִבְרָכָה (שבועות מה א) שֶׁהַבָּא לִפָּרַע מִמָּמוֹנָם, אַף עַל פִּי שֶׁיֵּשׁ בְּיָדוֹ שְׁטָר מְקֻיָּם לֹא יִפָּרַע אֶלָּא בִּשְׁבוּעָה, מַה שֶׁאֵין כֵּן בְּאַחֵר. וְעוֹד אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"ב כג א) שֶׁאִם יֵשׁ לָהֶם רִיב עִם שׁוּם אָדָם, שֶׁבֵּית דִּין חַיָּבִים לִטְעֹן בִּשְׁבִילָם כְּנֶגֶד הַתּוֹבֵעַ אוֹתָם, וְטוֹעֲנִין לְתוֹעַלְתָּם כָּל מָה שֶׁיַּחְשְׁבוּ שֶׁהָיָה יָכֹל אֲבִיהֶם לִטְעֹן. וְאִם יֵשׁ לָהֶם מָעוֹת שֶׁמַּכְרִיחִין בֵּית דִּין כָּל מִי שֶׁיִּמְצְאוּ שֶׁהוּא עָשִׁיר מִנְּכָסִים שֶׁיֵּשׁ לָהֶם אַחְרָיוּת וְיִהְיֶה אִישׁ נֶאֱמָן וְאוֹהֵב שָׁלוֹם וְכָשֵׁר, וּמַפְקִידִין לוֹ מְעוֹת הַיְּתוֹמִים לְהִתְעַסֵּק בָּהֶן בְּעִנְיָן שֶׁיִּהְיֶה קָרוֹב לְשָׂכָר אֵצֶל הַיְּתוֹמִים וְרָחוֹק לְהֶפְסֵד, מֶה שֶׁלֹּא הִתִּירוּ בְּאָדָם אַחֵר מִשּׁוּם אִסּוּר רִבִּית דְּרַבָּנָן. וּמַכְרִיחִים גַּם כֵּן כָּל אָדָם שֶׁהוּא טוֹב לָהֶם שֶׁיִּפְקַח עֵינָיו עַל נִכְסֵיהֶם אִם לֹא הִנִּיחַ לָהֶם אֲבִיהֶם שׁוּם אַפּוֹטְרוֹפּוֹס.
From the laws of the commandment is that which they said (Mishneh Torah, Human Dispositions 6:10) that even the widow of the king and his orphans are [included] in this prohibition, and how do we to behave towards them: That we should only speak softly with them; that a person should only behave honorably towards towards them, and not hurt them in their bodies with work, nor embarrass them with words; and be concerned about their money more than about his own money. And because of this, they, may their memory be blessed, said (Shevuot 45a), that one who comes to collect [a debt] from their monies — even if he has a validated deed — may not collect without [taking] an oath, which is not the case with another. And they, may their memory be blessed, said (Bava Batra 23a) that if they have a quarrel with anyone — that the court is obligated to make a claim for them, against the one who sues them, and they claim for their benefit anything they think that their father would have been able to claim; and if they have money, that the court must force anyone they find that is wealthy — beyond possessions that are liened — and that is a trustworthy man who loves peace and is upstanding, and deposit the money of the orphans with him, to do business with (invest) it in a way that is likely to profit the orphans and be far from loss (low-risk) (Bava Metzia 70b), which they did not permit with another person due to a rabbinic prohibition on interest. And they also force any person that is good for them to put his eye on their properties, if their father had not left any custodian for them.
וְעוֹד אָמְרוּ בָּהֶן (גיטין נב א) שֶׁכָּל מַשָּׂא וּמַתָּן שֶׁיִּהְיֶה לָהֶם עִם כָּל אָדָם יִהְיֶה יָדָם עַל הָעֶלְיוֹנָה כְּמוֹ הֶקְדֵּשׁ, וְיוֹתֵר מֵהֶקְדֵּשׁ בְּאַחַת. כֵּיצַד? יְתוֹמִים שֶׁמָּכְרוּ פֵּרוֹת וּמְשָׁכָן מֵהֶם הַלּוֹקֵחַ וְלֹא נָתַן לָהֶם הַדָּמִים עֲדַיִן וְהוּקְרוּ בֵּינְתַיִם, חוֹזְרִין בָּהֶן, שֶׁאֵין נִכְסֵיהֶן נִקְנִין אֶלָּא בְּכֶסֶף כַּהֶקְדֵּשׁ שֶׁכָּתוּב בּוֹ וְנָתַן הַכֶּסֶף וְקָם לוֹ. הוּזְלוּ הַפֵּרוֹת אֵין הַלּוֹקְחִים יְכוֹלִין לַחְזֹר בָּהֶן, שֶׁלֹּא יְהֵא כֹּחַ הֶדְיוֹט חָמוּר מִכֹּחָם. וְכֵן אִם לָקְחוּ הֵם פֵּרוֹת וּמָשְׁכוּ אוֹתָם וְלֹא נָתְנוּ הַדָּמִים וְהוּקְרוּ אֵין הַמּוֹכֵר יָכוֹל לַחְזֹר, שֶׁלֹּא יְהֵא כֹּחַ הֶדְיוֹט שֶׁקּוֹנֶה בִּמְשִׁיכָה גָּדוֹל מִכֹּחָם. וְאִם הוּזְלוּ הָיוּ יְכוֹלִין לַחְזֹר, אֲבָל מִפְּנֵי תַּקָּנָתָם אָמְרוּ שֶׁלֹּא יְהוּ יְכוֹלִין לַחְזֹר כְּדֵי שֶׁיִּמְצְאוּ מִי שֶׁיִּמְכֹּר לָהֶם פֵּרוֹת בְּהַקָּפָה. נָתְנוּ הֵם דָּמִים לַמּוֹכֵר בִּשְׁבִיל פֵּרוֹת וְלֹא מָשְׁכוּ הַפֵּרוֹת וְהוּזְלוּ הַפֵּרוֹת חוֹזְרִין בָּהֶן. וְזוֹ הָאַחַת שֶׁאָמַרְנוּ שֶׁיְּתֵרִים הֵם עַל הַהֶקְדֵּשׁ, כִּי הַהֶקְדֵּשׁ אֵינוֹ חוֹזֵר בּוֹ בָּזוֹ, מִכֵּיוָן שֶׁיֵּשׁ בְּכַיֹּצֵא בָּזֶה מִי שֶׁפָּרַע לְהֶדְיוֹט, לֹא רָצוּ חֲכָמִים לְהַטִּיל פְּחִיתוּת מִדָּה בִּשְׁבִיל מְעַט רֶוַח לְגַבֵּי הֶקְדֵּשׁ, אֲבָל לְגַבֵּי יְתוֹמִים דַּי לָהֶם לִהְיוֹת כִּשְׁאָר הָעָם, וְכֵיוָן שֶׁשְּׁאָר הָעָם יְכוֹלִין לַחְזֹר בָּהֶם מִן הַדִּין בָּזוֹ אֶלָּא שֶׁיֵּשׁ עֲלֵיהֶם דִּין מִי שֶׁפָּרַע, (יְתוֹמִים שֶׁאֵין לָהֶם מִי שֶׁפָּרַע) בְּדִין הוּא שֶׁיַּחְזְרוּ בָּהֶם. נָתְנוּ הַיְּתוֹמִים דָּמִים וְלֹא מָשְׁכוּ הַפֵּרוֹת וְהוּקְרוּ, אִם רָצוּ הַמּוֹכְרִים לַחְזֹר בָּהֶם, חוֹזְרִים וּמְקַבְּלִים מִי שֶׁפָּרַע, וְזוֹ תַּקָּנָה הוּא לָהֶם, שֶׁאִם יִהְיֶה דִּינָם שֶׁיִּקְנוּ בִּנְתִינַת הַמָּעוֹת וְיִהְיוּ שֶׁלָּהֶם לְגַמְרֵי, שֶׁלֹּא יְהֵא הַמּוֹכֵר יָכוֹל לַחְזֹר בּוֹ, יֹאמַר לָהֶם הַמּוֹכֵר נִשְׂרְפוּ אוֹ אָבְדוּ בְּאֹנֶס. וְאִם שֶׁמָּא תֹּאמַר יִהְיוּ בִּרְשׁוּתָם לְכָל תּוֹעַלְתָּם, שֶׁאִם יִרְצוּ יִקְחוּ אוֹתָם עַל כָּל פָּנִים, וְאִם לֹא יִרְצוּ לֹא יִקְחוּ אוֹתָם כְּדֵי שֶׁלֹּא יִטְעַן הַמּוֹכֵר דָּבָר זֶה, תְּשׁוּבָתְךָ כִּי כָּל זֶה אִי אֶפְשָׁר לַעֲשׂוֹת לָהֶם, שֶׁאֵינוֹ בְּדִין שֶׁנִּתֵּן לָהֶם נִכְסֵי בְּנֵי אָדָם, דַּי לָהֶם כִּי אֲנַחְנוּ מַעֲמִידִים אוֹתָם זִמְנִין אַדִּינָא דְּאוֹרַיְתָא זִמְנִין אַדִּינָא דְּרַבָּנָן לְתוֹעַלְתָּם, אֲבָל לִפְנִים מִכָּל זֶה אֵינוֹ בְּדִין לָתֵת לָהֶם מָמוֹן הָעוֹלָם. וּכְעֵין מָה שֶׁאָמְרוּ עֲלֵיהֶם בַּגְּמָרָא (ב"מ ע א) יַתְמֵי דְּאָכְלֵי דְּלָאו דִּידְהוּ לֵיזְלוּ בָּתַר שָׁבְקַיְהוּ. לָקְחוּ הַיְּתוֹמִים דָּמִים עַל פֵּרוֹתֵיהֶם וְלֹא מְשָׁכָם מֵהֶם הַלּוֹקֵחַ וְהוּזְלוּ, יְכוֹלִין הַלּוֹקְחִין לַחְזֹר בָּהֶן מִן הַדִּין וּמְקַבְּלִים מִי שֶׁפָּרַע, שֶׁאִם אַתָּה אוֹמֵר נַעֲמִידֵם עַל דִּין תּוֹרָה, וּמִכֵּיוָן שֶׁנָּתְנוּ הַלּוֹקְחִין הַמָּעוֹת זָכוּ בַּפֵּרוֹת וְלֹא יוּכְלוּ לַחְזֹר הַלּוֹקְחִין יִהְיֶה זֶה רָעָה לַיְּתוֹמִים, שֶׁלֹּא יִמְצְאוּ לְעוֹלָם מִי שֶׁיַּקְדִּים לָהֶם מָעוֹת עַל פֵּרוֹתֵיהֶם. וְאוּלַי יִצְטָרְכוּ לְמָעוֹת לְפִי שָׁעָה וְנִמְצָא לָהֶם בְּתַקָּנָה זוֹ הֶפְסֵד גָּדוֹל לִפְעָמִים, וְעַל כֵּן עִיְּנוּ בְּכָל צִדְדֵי תּוֹעַלְתָּם שֶׁהָיָה אֶפְשָׁר וְתִקְּנוּ לָהֶם.
And they also said about them (Gittin 52a) that their hand be on the higher (they be given the advantage) in all give and take that they have with anyone, as [is this case] with consecrated property; and in one [case], even more than consecrated property. How is this? [If] the orphans sold their fruit and the purchaser dragged some of them towards him but did not yet give the money and [their value] appreciated in the interim, they can retract, since their properties are only acquired through money — like consecrated property, about which it is written, “and he gives him the money and it is established for him” (and not by dragging as is otherwise the standard). If the fruits depreciated, the buyers may not retract, as the power of a commoner should not be weightier than their power. And so [too], if they bought the fruit and they dragged them and did not give the value, and they appreciated, the seller cannot retract, so that the power of the commoner not be greater than their power. But if they depreciated, they could retract; however for the sake of their welfare, [the rabbis] said they are not able to retract — so that they will be able to find someone to sell them fruit on credit. If they gave the value to the seller for fruit and they did not drag the fruit, and the fruit depreciated — they can recall [it]. And this is the one [case] that we said they have an advantage over consecrated property. As consecrated property cannot be recalled in this case — as since in the same case with a commoner there is a [curse called] the One who repaid [placed upon the one who retracts], the Sages did not want to apply a lowly trait for [such] a small gain for consecrated property. But with orphans, it is enough for them to be like the rest of the people; and since the rest of the people can retract [in this case], according to [the letter of] the law — except that they [are given a curse] — it is correct that (orphans, who do not receive a curse), [be allowed] to retract. [If] the orphans gave the value, but did not drag the fruit, and they appreciated — the sellers may retract, [though] they retract and receive [a curse]. But this is for the welfare [of the orphans], as if their law would be that they acquire with the giving of money, the seller would tell them that they burned up or got lost from duress (it was beyond his control). And you might say, they should be in their possession for any benefit of theirs — that if they want, they take them regardless; and if they do not, they do not take them — so that the buyer not give this answer. [If so,] your answer is that it is impossible to do all this for them — as it is not correct to give them the property of [other] people. It is enough for them that for their benefit we sometimes [administer] Torah law upon them and sometimes [administer] rabbinic law upon them. But above all this, it is not correct to give them the money of the [rest of] the world, and similar to that which they said about them in the Gemara, (Bava Metzia 70a), “Orphans that consume what is not theirs will follow those that left them (and die).” [If] the orphans took the value for their fruit, but the buyer did not drag some of them, and they depreciated — the buyers can retract according to the law and receive [a curse]. As if you say, “Let us [administer] Torah law upon them, and since the buyers gave the money, they acquired the fruit and the buyers may not retract” — this would be bad for the orphans, as they would never find someone who will advance them money for their fruits. And it is possible that they will need money at that time; and it will come out for them that this advantage will sometimes be a great loss. And so [the Rabbis] investigated every side of their benefit that was possible and arranged it for them.
וּלְעוֹלָם (שם עד, ב) אֵין הַיְּתוֹמִים מְקַבְּלִין מִי שֶׁפָּרַע בְּכָל שֶׁיַּעֲשֶׂה הָאַפּוֹטְרוֹפּוֹס וְלֹא הָאַפּוֹטְרוֹפּוֹס גַּם כֵּן לְפִי שֶׁמִּכֹּחָם הוּא חוֹזֵר בּוֹ. וְכֵן הַדִּין בְּעָלְמָא לְעִנְיַן שָׁלִיחַ הַנּוֹשֵׂא וְנוֹתֵן לְדַעַת מְשַׁלְּחוֹ שֶׁשְּׁנֵיהֶם אֵין מְקַבְּלִין מִי שֶׁפָּרַע. וּמִכָּל מָקוֹם אָמְרוּ בָּהֶם שֶׁמֻּתָּר לְעַנּוֹתָם קְצָת לְתוֹעַלְתָּם, כְּגוֹן הָרַב לְתַלְמִידוֹ שֶׁל תּוֹרָה אוֹ שֶׁל אֻמָּנוּת, אֲבָל אֲפִלּוּ לְתוֹעַלְתָּם מִצְוָה לְהָקֵל בָּהֶם יוֹתֵר מִשְּׁאָר כָּל אָדָם. וְאָמְרוּ גַּם כֵּן שֶׁבְּרִית כְּרוּתָה לָהֶם שֶׁנַּעֲנִין מִצַּעֲקָתָם, שֶׁנֶּאֱמַר (שמות כב כב) שָׁמֹעַ אֶשְׁמַע צַעֲקָתוֹ. וְשֶׁהֵם נִקְרָאִים יְתוֹמִים לְעִנְיַן מִצְוָה זוֹ עַד שֶׁלֹּא יְהוּ צְרִיכִין בְּעִסְקֵיהֶם לְאָדָם גָּדוֹל אֶלָּא עוֹשִׂין כָּל צָרְכֵי עַצְמָן כִּשְׁאָר כָּל הַגְּדוֹלִים. וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בִּמְקוֹמוֹת מְפֻזָּרִים בַּגְּמָרָא וּבַמִּדְרָשׁוֹת (ה' דעות פ"ו).
And the orphans never receive [a curse] for anything that the custodian does; nor does the custodian either — since he is recalling on their behalf (Bava Metzia 74b). And so [too] is the law more generally regarding an agent who gives and takes with the knowledge of his sender, that neither of them receives [a curse]. And nonetheless, they said about them that it is permitted to oppress them a little for their benefit — for example a teacher towards his student in Torah or in a craft. However even for their benefit, it is a commandment to be more lenient upon them than upon other people. And they also said that there is a covenant made with them that their cries will be answered, as it is stated (Exodus 22:22), “I will surely hear his cry”; and that they are called orphans regarding the matter of this commandment until they do not need an adult for their business affairs, but rather administer all of their own needs like all other adults. And the rest of its details are elucidated in scattered places in the Gemara and in Midrash. (See Mishneh Torah, Laws of Human Dispositions 6.)
וְנוֹהֶגֶת מִצְוָה זוֹ בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת, שֶׁחַיָּבִין בְּנֵי אָדָם לִנְהֹג עִמָּהֶם דֶּרֶךְ נַחַת וְכָבוֹד. וְהָעוֹבֵר עָלֶיהָ וְהִכְעִיסָן אוֹ הִקְנִיטָן, אוֹ רָדָה בָּהֶם, אוֹ אִבֵּד מָמוֹנָם. וְכָל שֶׁכֵּן אִם הִכָּה אוֹתָן, הֲרֵי זֶה עוֹבֵר בְּלֹא תַעֲשֶׂה. וְאַף עַל פִּי שֶׁאֵין לוֹקִין עַל לָאו זֶה, לְפִי שֶׁאֵין הָעִנּוּי דָּבָר מְסֻיָּם כְּדֵי לְהַלְקוֹת עָלָיו כִּי לְעוֹלָם יוּכַל הַמְּעַנֶּה רָשָׁע לִטְעֹן בְּשֶׁקֶר כִּי מִן הַדִּין עִנָּם אוֹ לְטוֹבָתָם. הַשֵּׁם יִתְבָּרַךְ שֶׁהוּא בּוֹחֵן לְבָבוֹת תּוֹבֵעַ צַעֲרָם, וַהֲרֵי עָנְשׁוֹ מְפֹרָשׁ בַּתּוֹרָה, שֶׁנֶּאֱמַר וְהָרַגְתִּי אֶתְכֶם בֶּחָרֶב, כְּלוֹמַר מִדָּה כְּנֶגֶד מִדָּה, שֶׁתִּהְיֶינָה נְשֵׁי הַמְּעֻנִּים אַלְמָנוֹת וּבְנֵיהֶם יְתוֹמִים וְלֹא יִמְצְאוּ מְרַחֵם, (סוטה ח, ב) שֶׁבְּמִדָּה שֶׁאָדָם מוֹדֵד בָּהּ מוֹדְדִין לוֹ. וְאִם נְקֵבָה הִיא הַמְּעַנָּה, תָּמוּת וְאִישָׁהּ יִשָּׂא אַחֶרֶת שֶׁתְּעַנֶּה בָּנֶיהָ. וְדָרְשׁוּ זִכְרוֹנָם לִבְרָכָה וְהָיָה כִּי אִם צָעֹק יִצְעַק אֵלַי, בֵּן קוֹבֵל לְאָבִיו, אִשָּׁה לְבַעְלָהּ, אַלְמָנָה וְיָתוֹם אֵלַי, וְשָׁמַעְתִּי כִּי חַנּוּן אָנִי. וְהָרַמְבַּ"ן זִכְרוֹנוֹ לִבְרָכָה (ל"ת רנו) יִמְנֶה אַזְהָרַת יָתוֹם וְאַלְמָנָה בִּשְׁנֵי לָאוִין מִן הַטַּעַם שֶׁכָּתַבְנוּ לְמַעְלָה. (מצוה ז).
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).