Our Gemara on Amud Beis discusses the legal status of minors, who do not possess the mental discernment to give proper consent, therefore they cannot forgive a debt or even waive an entitlement. “Yasmi lav bnei mechila ninhu.”

 

The G”RA uses this idea to understand an emphasis made by the verse in Mishley (23:10):

 

אַל־תַּ֭סֵּג גְּב֣וּל עוֹלָ֑ם וּבִשְׂדֵ֥י יְ֝תוֹמִ֗ים אַל־תָּבֹֽא׃

 

Do not remove ancient boundary stones; Do not encroach upon the field of orphans.

 

Why only be concerned about orphans? It also is forbidden to steal from full fledged citizens! Of course, the simple reading is that Solomon is especially advising the person with a neighboring property to orphans. This is because he might be tempted to mislead the orphans, as they do not remember or have knowledge of their father’s business dealings. The G”RA adds, even in regard to mild boundary incursions that one might assume a neighbor would forgive, one is not allowed to take those liberties with orphans.  Orphans lack sufficient informed consent for them to waive any of their rights. (For example, having a shed in your backyard that extends unobtrusively into your neighbor’s yard by a few inches. This might be fine with adults, but not property owned by orphans.)

 

If we take this statement literally, “Yasmi lav bnei mechila ninhu - orphans are incapable of forgiving”, we might apply this homiletically to an orphan’s feelings. That is, we must be careful to avoid causing an orphans distress, as they cannot easily forgive.

 

The verse in Shemos (22:21) states

 

כׇּל־אַלְמָנָ֥ה וְיָת֖וֹם לֹ֥א תְעַנּֽוּן׃

 

You shall not persecute any widow or orphan.

 

Rashi, (quoting the Mechilta), says that this applies to all people not just orphans or widows, but since there is a tendency to mislead them as they are more vulnerable, the Torah singles them out. Ramban (ibid) adds that it is in their nature to suffer emotionally more than others, due to their pain and depression from past suffering, therefore their feelings must be protected.

 

Although we should be sensitive to anyone’s feelings, the Torah asks us to pay special respect for the weak, the underdog and the emotionally downtrodden. Those who have psychological and financial resources can protect themselves from abuse and exploitation more easily than the vulnerable classes of society, and therefore the Torah ethic is to take extra measures to protect them.