To not oppress: To not hold on to that which is in our hand of someone else’s by way of force or delay or deception — like delinquents who delay people, saying, “Go and return,” so as to cause that what is in their hand of someone else’s to remain with them. And this is an extremely bad trait, and [so] our perfect Torah distanced us from it and warned us about it in this place, as it is written (Leviticus 19:13), “You shall not oppress your neighbor” — as one who holds the money of someone else in this manner that we said is called an oppressor. And also included in oppression is anyone who is liable specific money to his fellow and he oppresses him, such as one who suppresses the wage of a wageworker and similar to it. As we do not require that the money actually come from the hand of the oppressed to the hand of the oppressor; but rather anyone that has a claim of specific money against him and he delays it as a result of his violence or any angle of deception is called an oppressor. And even though oppression, robbery and theft are one matter even if the act of one is different from the other, as the intention of the three of them is that a man not take that which is someone else’s in any way; since people pilfer each other in these three ways, Scripture specified all of them and warned about each one on its own. And similar to this is what they, may their memory be blessed, said in Metzia (Bava Metzia 111a), “Rava said, ‘This is oppression, this is [also] robbery. And [so] why did Scripture divide them [and specify each one]? To [have one who commits it] transgress two negative commandments.’”
And the explanation of this matter and the main reason according to my opinion is from two angles. The one is that [in] everything that God, blessed be He, wanted to distance from us a great distancing for our good, He multiplied for us many warnings (negative commandments) about it. And there is also a [direct] benefit found for us in the multiplication of the warnings. And it is like they, may their memory be blessed, said (Makkot 23b) that the Omnipresent wanted to give merit to Israel; therefore He multiplied the commandments for them. And the intention in their saying commandments is also about the warnings (and not just the positive commandments). As He multiplied many warnings about that which was possible to inform with one warning; like here that it was possible to warn them more generally, “You shall not take the money of others not according to the law.” But [instead] the warnings to us about the thing were multiplied, so that we can receive much reward for separating from sin. And so too, in every place where they, may their memory be blessed, said, “[So as] to [make one] transgress it with many negative commandments,” we will explain the matter like this. As it should not be explained, God forbid, that God, may He be blessed, wanted to come to His creatures with ploys, so that He would multiply the vengeance upon them. As God, blessed be He and blessed be His name, desires to give merit to His creatures, not to make [them] liable. But He prompts them with one prompting after another, in order that they learn to take rebuke and merit greatly in their distancing from sin. And this reason for those that know knowledge is honey and milk.
And this prohibition is practiced in every place and at all times. And one who transgresses it and oppresses his fellow violates this negative commandment. But it is a negative commandment that is rectified by a positive commandment — meaning to say that he restore the loot that is in his hands and appease his fellow about having irritated him and angered him. And they, may their memory be blessed, already informed us (Berakhot 32a), that the power of those that repent is great. And the French rabbi (Rabbi Moshe of Coucy, in SeMaG, Negative Commandments 156), wrote in the tally of the commandments that since we find that Rava said that oppression and robbery are one, we will not count oppression in the number of the negative commandments. And he counts in place of this, “and not be like Korach and his congregation” — meaning to say, that we not [take part] in a controversy. And in our opinion — ours — the intention of Rava was not that they should not be counted as two negative commandments, but rather to have one transgress robbery with two negative commandments, and so too [in the case of] oppression. And since their content is different, we will count them as two negative commandments — like robbery and theft. As even though the matter of both of them is that we not take the money of others, there is no doubt that they are considered two negative commandments of the six hundred and thirteen commandments.
שֶׁלֹּא לַעֲשֹׁק – שֶׁלֹּא נַחְזִיק בְּמַה שֶּׁיִּהְיֶה בְּיָדֵינוּ מִזּוּלָתֵנוּ דֶּרֶךְ אֹנֶס אוֹ דֶּרֶךְ דְּחִיָּה וְרַמָּאוּת, כְּמוֹ אַנְשֵׁי אָוֶן שֶׁדּוֹחִים בְּנֵי אָדָם לֵאמֹר לָהֶם לֵךְ וָשֻׁב כְּדֵי לְסַבֵּב שֶׁיִּשָּׁאֵר לָהֶם מָה שֶׁבְּיָדָם מִזּוּלָתָם. וְזֹאת הִיא מִדָּה רָעָה בְּיוֹתֵר, וְהִרְחִיקַתְנוּ תּוֹרָתֵנוּ הַשְּׁלֵמָה מִמֶּנָּה וְהִזְהִירָה בְּכָךְ בְּזֶה הַמָּקוֹם, דִּכְתִיב (ויקרא יט יג) לֹא תַעֲשֹׁק אֶת רֵעֲךָ. כִּי מַחְזִיק מָמוֹן מִזּוּלָתוֹ בְּזֶה הָעִנְיָן שֶׁאָמַרְנוּ, נִקְרָא עוֹשֵׁק. וּבִכְלַל עוֹשֵׁק הוּא גַּם כֵּן כָּל חַיָּב לַחֲבֵרוֹ מָמוֹן מְעֻיָּן וְעוֹשֵׁק אוֹתוֹ, כְּגוֹן כּוֹבֵשׁ שְׂכַר שָׂכִיר וְכַיּוֹצֵא בּוֹ, דְּלָא בָּעֵינַן שֶׁיָּבוֹא מַמָּשׁ מָמוֹן מִיָּד הֶעָשׁוּק לְיַד הָעוֹשֵׁק, אֲבָל כָּל שֶׁיֵּשׁ אֶצְלוֹ תְּבִיעַת מָמוֹן מְעֻיָּן וְהוּא דּוֹחֶה אוֹתוֹ מֵחֲמַת אַלָּמוּת שֶׁיֵּשׁ בּוֹ אוֹ כָּל צַד רַמָּאוּת, נִקְרָא עוֹשֵׁק. וְאַף עַל פִּי שֶׁהָעֹשֶׁק וְהַגְּזֵלָה וְהַגְּנֵבָה עִנְיָן אֶחָד הוּא עִם הֱיוֹת שֶׁהַמַּעֲשֶׂה חָלוּק זֶה מִזֶּה, כִּי כַּוָּנַת שְׁלָשְׁתָּן שֶׁלֹּא יִקַּח הָאָדָם מָמוֹן מִזּוּלָתוֹ מִשּׁוּם צַד, לְפִי שֶׁבִּשְׁלֹשָׁה דְּרָכִים אֵלּוּ יַחְמְסוּ בְּנֵי אָדָם זֶה אֶת זֶה, פְּרָטָן הַכָּתוּב כֻּלָּן וְהִזְהִיר בְּכָל אֶחָד בִּפְנֵי עַצְמוֹ, וּכְעֵין מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה בִּמְצִיעָא פֶּרֶק הַמְקַבֵּל (בבא מציעא קיא, א) רָבָא אָמַר זֶהוּ עֹשֶׁק זֶהוּ גָּזֵל וְלָמָּה חִלְּקָן הַכָּתוּב? לַעֲבֹר עָלָיו בִּשְׁנֵי לָאוִין.
To not oppress: To not hold on to that which is in our hand of someone else’s by way of force or delay or deception — like delinquents who delay people, saying, “Go and return,” so as to cause that what is in their hand of someone else’s to remain with them. And this is an extremely bad trait, and [so] our perfect Torah distanced us from it and warned us about it in this place, as it is written (Leviticus 19:13), “You shall not oppress your neighbor” — as one who holds the money of someone else in this manner that we said is called an oppressor. And also included in oppression is anyone who is liable specific money to his fellow and he oppresses him, such as one who suppresses the wage of a wageworker and similar to it. As we do not require that the money actually come from the hand of the oppressed to the hand of the oppressor; but rather anyone that has a claim of specific money against him and he delays it as a result of his violence or any angle of deception is called an oppressor. And even though oppression, robbery and theft are one matter even if the act of one is different from the other, as the intention of the three of them is that a man not take that which is someone else’s in any way; since people pilfer each other in these three ways, Scripture specified all of them and warned about each one on its own. And similar to this is what they, may their memory be blessed, said in Metzia (Bava Metzia 111a), “Rava said, ‘This is oppression, this is [also] robbery. And [so] why did Scripture divide them [and specify each one]? To [have one who commits it] transgress two negative commandments.’”
וּפֵרוּשׁ עִנְיָן זֶה וְעִקָּר הַטַּעַם לְפִי דַּעְתִּי הוּא מִשְּׁנֵי צְדָדִין. הָאֶחָד, שֶׁכָּל מַה שֶּׁרָצָה הָאֵל בָּרוּךְ הוּא לְהַרְחִיק מִמֶּנּוּ לְטוֹבָתֵנוּ רִחוּק גָּדוֹל, הִרְבָּה לָנוּ בּוֹ אַזְהָרוֹת רַבּוֹת. וְעוֹד לָנוּ תּוֹעֶלֶת נִמְצָא בְּרִבּוּי הָאַזְהָרוֹת. וְהוּא כְּמוֹ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכות כג, ב), שֶׁרָצָה הַמָּקוֹם לְזַכּוֹת אֶת יִשְׂרָאֵל, וּלְפִיכָךְ הִרְבָּה לָהֶם מִצְוֹת. וְהַכַּוָּנָה לָהֶם בְּאָמְרָם מִצְוֹת גַּם עַל הָאַזְהָרוֹת, שֶׁהִרְבָּה לָהֶם אַזְהָרוֹת הַרְבֵּה בַּמֶּה שֶׁהָיָה אֶפְשָׁר לְהוֹדִיעַ בְּאַזְהָרָה אַחַת, כְּמוֹ בְּכָאן שֶׁהָיָה אֶפְשָׁר לְהַזְהִירֵנוּ דֶּרֶךְ כְּלָל לֹא תִקְחוּ מָמוֹן מִזּוּלַתְכֶם שֶׁלֹּא כַּדִּין, וְנִתְרַבּוּ הָאַזְהָרוֹת לָנוּ בַּדָּבָר, כְּדֵי שֶׁנְּקַבֵּל שָׂכָר הַרְבֵּה עַל הַפְּרִישָׁה מִן הָעֲבֵרָה. וּכְמוֹ כֵן בְּכָל מָקוֹם שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה לַעֲבֹר עָלָיו בְּהַרְבֵּה לָאוִין, כֵּן נְפָרֵשׁ הַדָּבָר, שֶׁאֵין לְפָרֵשׁ חָלִילָה שֶׁיִּרְצֶה הַשֵּׁם יִתְבָּרַךְ לָבוֹא בַּעֲלִילָה עַל בְּרִיּוֹתָיו, וְלָכֵן שֶׁיַּרְבֶּה הַנָּקָם עֲלֵיהֶם, כִּי חָפֵץ הַשֵּׁם בָּרוּךְ הוּא וּבָרוּךְ שְׁמוֹ לְזַכּוֹת בְּרִיּוֹתָיו, לֹא לְחַיֵּב, אֲבָל יְזָרֵז אוֹתָם זֵרוּז אַחַר זֵרוּז לְמַעַן יִלְמְדוּ יִקְחוּ מוּסָר וְיִזְכּוּ בְּהִתְרַחֲקָם מִן הָעֲבֵרָה זְכוּת רַב. וְזֶה הַטַּעַם לְיוֹדְעֵי דַּעַת דְּבַשׁ וְחָלָב.
And the explanation of this matter and the main reason according to my opinion is from two angles. The one is that [in] everything that God, blessed be He, wanted to distance from us a great distancing for our good, He multiplied for us many warnings (negative commandments) about it. And there is also a [direct] benefit found for us in the multiplication of the warnings. And it is like they, may their memory be blessed, said (Makkot 23b) that the Omnipresent wanted to give merit to Israel; therefore He multiplied the commandments for them. And the intention in their saying commandments is also about the warnings (and not just the positive commandments). As He multiplied many warnings about that which was possible to inform with one warning; like here that it was possible to warn them more generally, “You shall not take the money of others not according to the law.” But [instead] the warnings to us about the thing were multiplied, so that we can receive much reward for separating from sin. And so too, in every place where they, may their memory be blessed, said, “[So as] to [make one] transgress it with many negative commandments,” we will explain the matter like this. As it should not be explained, God forbid, that God, may He be blessed, wanted to come to His creatures with ploys, so that He would multiply the vengeance upon them. As God, blessed be He and blessed be His name, desires to give merit to His creatures, not to make [them] liable. But He prompts them with one prompting after another, in order that they learn to take rebuke and merit greatly in their distancing from sin. And this reason for those that know knowledge is honey and milk.
שֹׁרֶשׁ הַמִּצְוָה. יָדוּעַ, כִּי הִיא מִן הַמִּצְוֹת שֶׁהַשֵּׂכֶל מְחַיֵּב אוֹתָן.
The root of the commandment is well-known, since it is from the commandments that the intellect obligates.
דִּינֵי הַמִּצְוָה בְּבָבָא קַמָּא, וְעִקָּר בְּפֶרֶק תְּשִׁיעִי וּבְפֶרֶק עֲשִׂירִי [ח"מ סימן שנט].
The laws of the commandment are in Bava Kamma, and primarily in the ninth chapter and the tenth chapter. (See Tur, Choshen Mishpat 359.)
וְנוֹהֵג אִסּוּר זֶה בְּכָל מָקוֹם וּבְכָל זְמַן. וְהָעוֹבֵר עָלָיו וְעֹשֵׁק אֶת חֲבֵרוֹ עָבַר עַל לָאו זֶה, וְהוּא לָאו הַנִּתָּק לַעֲשֵׂה, כְּלוֹמַר שֶׁיָּשִׁיב הֶחָמָס אֲשֶׁר בְּכַפָּיו וִירַצֶּה אֶת חֲבֵרוֹ עַל שֶׁהִקְנִיטוֹ וְהִכְעִיסוֹ. וּכְבָר הוֹדִיעוּנוּ זִכְרוֹנָם לִבְרָכָה (ברכות לב א) שֶׁגָּדוֹל כֹּחַ בַּעֲלֵי תְּשׁוּבָה. וְהָרַב הַצָּרְפָתִי (סמ"ג לרבינו משה מקוצי ל"ת קנו) כָּתַב בְּחֶשְׁבּוֹן הַמִּצְוֹת מִכֵּיוָן דְּאַשְׁכְּחַן דְּאָמַר רָבָא דְּעֹשֶׁק וְגָזֵל חַד הוּא, לֹא נִמְנֶה לָאו דְּעֹשֶׁק בְּמִנְיַן הַלָּאוִין, וְהוּא יִמְנֶה בִּמְקוֹם זֶה וְלֹא יִהְיֶה כְקֹרַח וְכַעֲדָתוֹ. כְּלוֹמַר שֶׁלֹּא נַחְזִיק בְּמַחְלֹקֶת. וּלְדַעְתֵּנוּ אָנוּ אֵין כַּוָּנַת רָבָא שֶׁלֹּא יִמָּנוּ בִּשְׁנֵי לָאוִין אֶלָּא לַעֲבֹר בְּגָזֵל בִּשְׁנֵי לָאוִין, וּבְעֹשֶׁק גַּם כֵּן, וּמִכֵּיוָן שֶׁעִנְיָנָן חָלוּק נִמְנֶה אוֹתָם בִּשְׁנֵי לָאוִין כְּמוֹ הַגְּזֵלָה וְהַגְּנֵבָה, שֶׁאַף עַל פִּי שֶׁעִנְיַן שְׁנֵיהֶם הוּא שֶׁלֹּא נִקַּח מָמוֹן מִזּוּלָתֵנוּ אֵין סָפֵק כִּי לִשְׁנֵי לָאוִין הֵן נֶחְשָׁבִין בְּתַרְיָ"ג מִצְוֹת.
And this prohibition is practiced in every place and at all times. And one who transgresses it and oppresses his fellow violates this negative commandment. But it is a negative commandment that is rectified by a positive commandment — meaning to say that he restore the loot that is in his hands and appease his fellow about having irritated him and angered him. And they, may their memory be blessed, already informed us (Berakhot 32a), that the power of those that repent is great. And the French rabbi (Rabbi Moshe of Coucy, in SeMaG, Negative Commandments 156), wrote in the tally of the commandments that since we find that Rava said that oppression and robbery are one, we will not count oppression in the number of the negative commandments. And he counts in place of this, “and not be like Korach and his congregation” — meaning to say, that we not [take part] in a controversy. And in our opinion — ours — the intention of Rava was not that they should not be counted as two negative commandments, but rather to have one transgress robbery with two negative commandments, and so too [in the case of] oppression. And since their content is different, we will count them as two negative commandments — like robbery and theft. As even though the matter of both of them is that we not take the money of others, there is no doubt that they are considered two negative commandments of the six hundred and thirteen commandments.