פרשת משפטים תשי"ב - איסור הונאת גר

And a stranger shalt thou not wrong, neither shalt thou oppress him; for ye were strangers in the land of Egypt.

וגר לא תונה — means, do not vex him with words (referring to the fact that he is a stranger); contrarier in old French Similar is, (Isaiah 49:26) “And I will feed them that vex thee (מוניך) with their own flesh”.

MISHNA: Just as there is a prohibition against exploitation [ona’a] in buying and selling, so is there ona’a in statements, i.e., verbal mistreatment. The mishna proceeds to cite examples of verbal mistreatment. One may not say to a seller: For how much are you selling this item, if he does not wish to purchase it. He thereby upsets the seller when the deal fails to materialize. The mishna lists other examples: If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deeds of your ancestors, as it is stated: “And a convert shall you neither mistreat, nor shall you oppress him” (Exodus 22:20).

Likewise, if donkey drivers are asking to purchase grain from someone, and he has none, he may not say to them: Go to so-and-so, as he sells grain, if he knows about him that he never sold grain at all. He thereby causes the donkey drivers and the would-be seller anguish. Rabbi Yehuda says: One may not even cast his eyes on the merchandise for sale, creating the impression that he is interested, at a time when he does not have money to purchase it. Verbal mistreatment is not typically obvious, and it is difficult to ascertain the intent of the offender, as the matter is given to the heart of each individual, as only he knows what his intention was when he spoke. And with regard to any matter given to the heart, it is stated: “And you shall fear your God” (Leviticus 25:17), as God is privy to the intent of the heart.

And a stranger shalt thou not wrong, neither shalt thou oppress him; for ye were strangers in the land of Egypt.

כי גרים הייתם FOR YE WERE STRANGERS — If you vex him he can vex you also by saying to you: “You also descend from strangers”. Do not reproach thy fellow-man for a fault which is also thine (Mekhilta d'Rabbi Yishmael 22:20). Wherever גר occurs in Scriptures it signifies a person who has not been born in that land (where he is living) but has come from another country to sojourn there.

אם ענה תענה אתו IF THOU AFFLICT THEM IN ANY WISE — This is an elliptical phrase — the text threatens but breaks off and does not specify immediately the punishment which will fall upon those who do this. We have the same in, (Genesis 4:15) “Therefore whosoever slayeth Cain …” it threatens but does not specify the punishment. So, here, too: “If thou afflict them in any wise”, — this is a threat, as much as to say: “in the end you will get your deserts!” Why are you certain to get them? “Because (כי) if (אם) they cry at all unto Me, I will surely hear their cry”.

אם ענה תענה אתו IF THOU AFFLICT THEM IN ANY WISE — This is an elliptical phrase — the text threatens but breaks off and does not specify immediately the punishment which will fall upon those who do this. We have the same in, (Genesis 4:15) “Therefore whosoever slayeth Cain …” it threatens but does not specify the punishment. So, here, too: “If thou afflict them in any wise”, — this is a threat, as much as to say: “in the end you will get your deserts!” Why are you certain to get them? “Because (כי) if (אם) they cry at all unto Me, I will surely hear their cry”.

If thou afflict them in any wise—for if they cry at all unto Me, I will surely hear their cry—

לא תענון אם ענה תענה אותו; if, in the process of oppressing an orphan your intention was only to oppress him alone; if your “oppressing” him was in the nature of disciplining him in order to ultimately bestowing loving kindness on him after he responded to your rebuking him, your disciplining him is considered an act of loving kindness. [the author interprets verse 22 starting with the word אם as an alternative, moderating what has been written in verse 21. Ed.]