Wednesday, May 07, 2014

Onaas Mamon vs. Onaas Devarim

Consider the following three pesukim regarding Onaah. The first is in Vayikra 19:33:

When a stranger sojourns with you in your land, you shall not taunt him.לג. וְכִי יָגוּר אִתְּךָ גֵּר בְּאַרְצְכֶם לֹא תוֹנוּ אֹתוֹ:
you shall not taunt him: Heb. לֹא תוֹנוּ. [This refers to] tormenting with words [as opposed to torment through other means, e.g., financially (see Rashi Lev. 25:14)]. [For instance,] do not say to him, “Only yesterday you were an idol worshipper, and now you come to learn Torah, which was given over by the Almighty God Himself! ”. — [Torath Kohanim 19:82]לא תונו: אונאת דברים. לא תאמר לו אמש היית עובד עבודה זרה ועכשיו אתה בא ללמוד תורה שנתנה מפי הגבורה:




The next is in parashat Behar, in Vayikra 25:14:

And when you make a sale to your fellow Jew or make a purchase from the hand of your fellow Jew, you shall not wrong one another.יד. וְכִי תִמְכְּרוּ מִמְכָּר לַעֲמִיתֶךָ אוֹ קָנֹה מִיַּד עֲמִיתֶךָ אַל תּוֹנוּ אִישׁ אֶת אָחִיו:
you shall not wrong: This means wronging through money (see verse 17 below and Lev. 19:33). - [Torath Kohanim 25:31]אל תונו: זו אונאת ממון:


And the last is a few pesukim later, in Vayikra 25:17:

And you shall not wrong, one man his fellow Jew, and you shall fear your God, for I am the Lord, your God.יז. וְלֹא תוֹנוּ אִישׁ אֶת עֲמִיתוֹ וְיָרֵאתָ מֵאֱלֹהֶיךָ כִּי אֲנִי יְהֹוָה אֱלֹהֵיכֶם:
And you shall not wrong, one man his fellow-Jew: Here, [as opposed to the same expression in verse 14 above (see Rashi there),] Scripture is warning against wronging verbally, namely, that one must not provoke his fellow [Jew], nor may one offer advice to him that is unsound for him but according to the mode of life or the benefit of the advisor. And if you say, “Who can tell whether I had evil intentions [when I talked to my fellow in an insulting manner? Perhaps I did so in order to make him feel remorseful and repent his ways].” (see Be’er Basadeh). Therefore, it says, “and you shall fear your God.”-The One Who knows all thoughts-He knows. Concerning anything held in the heart and known only to the one who bears this thought in his mind, it says “and you shall fear your God!” - [B.M. 58b]ולא תונו איש את עמיתו: כאן הזהיר על אונאת דברים, שלא יקניט איש את חברו לא ישיאנו עצה שאינה הוגנת לו לפי דרכו והנאתו של יועץ. ואם תאמר, מי יודע אם נתכוונתי לרעה, לכך נאמר ויראת מאלהיך, היודע מחשבות הוא יודע. כל דבר המסור ללב, שאין מכיר אלא מי שהמחשבה בלבו, נאמר בו ויראת מאלהיך:




Rashi's sources are the Sifra (that is, Torat Kohanim) and Bava Metzia 58b. Let us look at the Sifra on Vayikra perek 25:

If I might explain and endorse the derasha in a rather straightforward manner, let me say as follows. The pasuk in Vayikra 19 provides us with a definition of onaah which is personal rather than monetary - do not taunt him for being a ger. This might well be a derasha, rather than peshat, but it might readily be extracted from the context. Consider:
When a stranger sojourns with you in your land, you shall not taunt him.לג. וְכִי יָגוּר אִתְּךָ גֵּר בְּאַרְצְכֶם לֹא תוֹנוּ אֹתוֹ:
34The stranger who sojourns with you shall be as a native from among you, and you shall love him as yourself; for you were strangers in the land of Egypt. I am the Lord, your God.לד. כְּאֶזְרָח מִכֶּם יִהְיֶה לָכֶם הַגֵּר | הַגָּר אִתְּכֶם וְאָהַבְתָּ לוֹ כָּמוֹךָ כִּי גֵרִים הֱיִיתֶם בְּאֶרֶץ מִצְרָיִם אֲנִי יְהוָֹה אֱלֹהֵיכֶם:

Note the focus on treating him like one of you, and loving him, rather than alienating him. Admittedly this might just mean don't cheat him, because of these considerations, but one might also argue that the peshat there in Vayikra 19 is that wronging is generally not accepting him into your society and reminding him of his outsider status.

Then, in Vayikra 25, the context is clearly a monetary one. Thus,

And when you make a sale to your fellow Jew or make a purchase from the hand of your fellow Jew, you shall not wrong one another.יד. וְכִי תִמְכְּרוּ מִמְכָּר לַעֲמִיתֶךָ אוֹ קָנֹה מִיַּד עֲמִיתֶךָ אַל תּוֹנוּ אִישׁ אֶת אָחִיו:

It refers to making a sale, and considering the time until Yovel in reckoning the price.

However, at the closing, there appears to be a needless repetition. In Vayikra 25:17:

And you shall not wrong, one man his fellow Jew, and you shall fear your God, for I am the Lord, your God.יז. וְלֹא תוֹנוּ אִישׁ אֶת עֲמִיתוֹ וְיָרֵאתָ מֵאֱלֹהֶיךָ כִּי אֲנִי ה אֱלֹהֵיכֶם:


Now Onaah of money was already explicitly written as peshat of pasuk 14, so there must be a secondary meaning of Onaah in the closing of the section. And since we saw in Vayikra 19 this secondary meaning of wronging someone verbally, it means the same here.

Now, in Vayikra 19, the target of verbal wronging was a ger, whereas here it is amitecha in general. So here, states the Sifra, if he is a baal teshuva, don't remind him of his previous wrongdoing. If he is the descendant of converts, don't remind him of this yichus. If something bad happens to him, you should not say, like the 'friends' of Iyov, that they came upon him because of his bad deeds.

A similar idea would be at play even where we are looking to the gemara in Bava Metzia, which also operates on the idea that the second one in Vayikra 25 is Onaat Devarim, though defined as either provoking or giving bad advice.

This seems fairly straightforward to me. Here though is a question based on these Rashis, found in the sefer Prachei Rashi, quoted from Al HaTorah:

First, he cites the two Rashis in Vayikra 25, the first drawing from the Sifra on the pasuk and the second drawing from Bava Metzia. He writes:

"Where is it hinted to in Scriptures that the first verse (pasuk 25:14) refers to Onaah of money while the second verse (pasuk 25:17) refers to Onaah of speech? It is: in the first verse (pasuk 14) it states אִישׁ אֶת אָחִיו, and a person knows his brother, knowing well the man and his speech, and his is not able to to wrong him and lie (cheat) him with words alone. Therefore perforce the verse deals with Onaah of money. And later (pasuk 17), where it is written אִישׁ אֶת עֲמִיתוֹ, it is warning about the Onaah of speech, because an עמית, an acquaintance who does not know and recognize him, it is indeed possible to wrong and cheat him also with smooth speech, which mellifluous and fair words. And this is a matter of instruction to the heart, that he should not be one way in his mouth and another in his heart. And Onaah of speech is more severe than Onaah of money, for regarding the latter is written וְיָרֵאתָ מֵאֱלֹהֶיךָ, while the former does not have written וְיָרֵאתָ מֵאֱלֹהֶיךָ. Rabbi Eliezer said [it is more severe because], this is with his body and this is with his money. Rav Shmuel bar Nachmani said: This one can undo and this cannot be undone. (Bava Metzia 58b)."

An interesting take. I like my explanation better, though.

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