“And you shall not favor the poor in his dispute” and “You shall not show favoritism to the poor” - does this refer only to financial poverty?
Question
Shalom,A practical halachic question:It says,“And you shall not favor a poor man in his dispute” (Shemos 23:3), and“You shall not show favoritism to the poor” (Vayikra 19:15).Practically speaking, does this refer to every type of “poverty”?For example:Financial poverty – one who has little money.Lack of free time – someone who couldn’t pay a debt such as rent, because: a. He was drafted for several continuous months of army reserve duty during wartime. b. He had to care for a parent or child who was severely ill or disabled. c. He had to work long and demanding shifts just to cover basic living expenses.Poor health – someone physically unable to take care of the payment, even though he had both the money and the time.The terms dal and evyon are often used interchangeably, as Chazal say:“Eight names were given to the poor: ani, evyon, misken, rash, dal, dach, mach, halech.” (Vayikra Rabbah 34:6)And regarding evyon, the Rambam writes:“Do not pervert the judgment of your poor in his dispute” (Shemos 23:6) , even if he is poor in mitzvos, do not distort his judgment. (Mishneh Torah, Sefer Shoftim, Hilchos Sanhedrin 20:5)Meaning — evyon can refer to spiritual poverty, not financial.So my question is: Does dal refer only to one who is financially poor, or could it include other forms of lack, time, health, or spiritual standing?Thank you.
Answer
Shalom uVracha,
Practically speaking, there’s no real difference in this definition. The prohibition of showing favor to the dal comes to teach that even if one of the litigants is “poor,” he may not be favored. But in truth, the prohibition applies equally to every person.
In any case, one may never favor one litigant over the other.