Or HaChaim on Genesis 42:22/אור החיים על בראשית מ״ב:כ״ב

1 ויען ראובן אתם. Reuben answered them. How can the term "he answered" be justified in this context? Who had asked him anything? The repeated use of the word לאמור and the words וגם דמו also require justification.

2Reuben reacted to the brothers having said that they were being punished for not having displayed compassion when Joseph pleaded with them, something in which they had included him also. Reuben retorted that he did not consider himself included in that sin as he had warned: "do not commit a sin against the boy!" Even though at that time he had only warned them not to lay a hand upon Joseph and to throw him into the pit, his intention had been as if he had said: "do not commit a sin." The Torah itself exonerated Reuben independently by revealing Reuben's intention to restore Joseph to his father.

3You could ask what reason Reuben gave for the brothers to believe that this had been his intention, when on the contrary, selling Joseph at the time was more merciful than to let him die a slow death in the pit and therefore Reuben had no reason to complain?

4The fact is that Reuben's principal complaint against the brothers was that he told them not to lay a hand upon Joseph. "Selling him into slavery was certainly laying a hand upon him!" Reuben's argument was certainly valid; moreover, by selling Joseph to other human beings the brothers had made his fate dependent on people with a free will who could act arbitrarily. Reuben's intention had been not to allow Joseph's fate to be in the hands of people who could make arbitrary decisions. Selling Joseph did not reduce the danger to Joseph's life or wellbeing any more than throwing him into the pit. We only need to read the Bereshit Rabbah 86,3 according to which Potiphar bought Joseph to commit acts of sodomy with him. G'd Himself made Potiphar impotent to protect Joseph against such abuse. When Reuben had advised throwing Joseph into the pit he felt that if Joseph was not guilty nothing would happen to him. He had been most concerned to remove Joseph from the hands of people who could arbitrarily decide his fate. That is why he accused them ולא שמעתם, "you did not listen." He meant: "you did not understand my intention.

5When you think that you are being punished only for your cruelty and not for the deed itself, you are quite wrong. Also his blood is being demanded, i.e. you are also guilty of either killing him or putting his life in jeopardy." According to Reuben this was why they now had to face the charge of spying, a charge that was punishable by death. Reuben resented being considered a partner of that part of the brothers' crime. He was not willing to share their responsibility seeing he had not taken part in the sale. As of that moment Reuben only agreed to remain with them, but not to share their guilt. At the end of the examination it would become clear who was legally guilty and who was innocent. Our interpretation of the words אבל אשמים אנחנו as referring to the brothers waking up to their guilt only after Shimon alone was being held prisoner is completely compatible with everything else we have written.