The Torah in Parashat Mishpatim introduces the prohibition against oppressing widows and orphans: “You shall not oppress any widow or orphan” (22:21).

            The Rambam discusses this prohibition in Hilkhot Dei’ot (6:10), where he specifies precisely how the Torah in this verse demands that we treat widows and orphans:

How must they be treated?  One should speak with them only pleasantly, and treat them only in a respectful manner.  One should not cause them bodily pain through work, or emotional pain with harsh words.  And one must care for their money more so than for his own money.

In short, the Torah demands that we avoid causing distress to orphans or widows physically, emotionally or financially.

            Further insight into the nature and definition of this command can be gleaned from the Rambam’s comments later in this passage:

When does this [liability for oppressing orphans or widows] apply?  If one oppressed them for his own purposes.  But if a teacher oppressed them to teach them Torah or a trade, or to guide them along a proper path, this is permissible.  But even so, he should not treat them like all people, but should rather make a distinction with regard to them and guide them pleasantly and with great compassion and honor, because it says, “for the Lord shall wage their [the poor’s] battle” (Mishlei 22:23).

The Rambam here paints a complex picture of the proper way to treat widows and orphans – specifically when dealing with young orphans, who must be educated.  The prohibition against “oppressing” orphans does not excuse their educators from the responsibility of disciplining them appropriately as part of their training and education.  Yet, the Rambam adds, even under such circumstances, the orphans must be treated differently – “ya’aseh lahem hefresh.”  It appears from this formulation that the mitzva regarding orphans and widows is defined in terms of “hefresh” – distinction.  Obviously, this command is practically manifested through special kindness and a soft approach, as the Rambam writes – “and guide them pleasantly and with great compassion and honor.”  But the fundamental definition of this mitzva involves distinction, requiring that the vulnerable members of society be treated differently from the rest.

            The concept underlying this command is likely expressed in the famous verse in Tehillim (68:6) which describes the Almighty as “the father of orphans and the judge of widows.”  Widows and orphans lack the support and protection that other citizens have, and therefore the Almighty steps into the role as their “father” and personal guard.  And hence the Torah warns here in Parashat Mishpatim that when widows or orphans are oppressed, “my wrath shall be incensed and I shall kill you by the sword.”  The Rambam, in this same passage in Hilkhot Dei’ot, interprets this warning as a “berit” – a formal pact – that God makes with the widows and orphans guaranteeing to hear their cries when they suffer oppression.  God establishes a special relationship with them, stepping into the role that no one else can fill, and He thus takes personal responsibility, as it were, for their wellbeing.

            This concept likely explains the Rambam’s description of “hefresh” – the obligation to treat widows and orphans differently.  A tutor hired to teach a prince will understandably treat the prince differently from his other students.  This does not mean that he will excuse the boy from assignments or tolerate misconduct, but in a general sense, he will deal with him far more delicately than he normally handles students under his charge.  The obligation of “hefresh” thus might mean that we must treat orphans as members of the Almighty’s immediate family.  They are given special distinction because they are special, members of the royal family, children under God’s direct and personal supervision.  This special status demands special treatment, even in contexts that demand discipline and training.