פרשת משפטים תשי"ד - דיני מלוה

If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest.

If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest.

It is taught in a baraita: Rabbi Yosei says: Come and see the blindness in the eyes of those who lend money with interest. If a person calls another a wicked person in public, the other becomes insulted and he harasses him in all aspects of his life because he called him by this disgraceful name. But they who lend with interest bring witnesses and a scribe [velavlar] and a pen [vekulmos] and ink and write and sign a document that testifies: So-and-so denies the existence of the God of Israel, as the very fact that he lent with interest in defiance of the Torah is tantamount to a denial of the existence of God.

If thou at all take thy neighbour’s garment to pledge, thou shalt restore it unto him by that the sun goeth down;

ואם מזבח אבנים AND IF (according to Rashi, AND WHEN) [THOU WILT MAKE ME] AN ALTAR OF STONES — Rabbi Ishmael said: Every time the word אם it used in the Torah it refer to some action the doing of which is optional, except in three instances. Here: ואם מזבח אבנים תעשה לי — you see that this אם is used in the sense of כאשר, “when”, the meaning being: “And when thou makest me an altar of stone, לא תבנה אתהן גזית THOU SHALT NOT BUILD IT OF HEWN STONE, for, as a matter of fact, it is obligatory upon thee to build an altar of stone, as it is said, (Deuteronomy 27:6) “of whole stones thou shalt build [the altar of the Lord thy God]”. Similarly, (Exodus 22:24) אם כסף תלוה את עמי is obligatory and signifies: “when (אם) thou lendest My people money”, and not, “if thou lendest”, because it is said, (Deuteronomy 15:8) “And thou shalt surely lend him”; consequently this אם also is used in the sense of כאשר “when”. Similarly, (Leviticus 2:14) ואם תקריב מנחת בכורים, for this refers to the meal-offering of the Omer which is obligatory and therefore the trantlation is, “And when (ואם) thou offerest the meal-offering of first-fruits”, and not, “if thou offerest”. You must therefore admit that these instances of אם are not conditional, meaning “if”, but they are absolute, and that they are used in the sense of כאשר, “when” (Mekhilta d'Rabbi Yishmael 20:22:1; Yalkut Shimoni on Torah 306; cf. Rashi on Leviticus 2:14).

ואם מזבח אבנים AND IF (according to Rashi, AND WHEN) [THOU WILT MAKE ME] AN ALTAR OF STONES — Rabbi Ishmael said: Every time the word אם it used in the Torah it refer to some action the doing of which is optional, except in three instances. Here: ואם מזבח אבנים תעשה לי — you see that this אם is used in the sense of כאשר, “when”, the meaning being: “And when thou makest me an altar of stone, לא תבנה אתהן גזית THOU SHALT NOT BUILD IT OF HEWN STONE, for, as a matter of fact, it is obligatory upon thee to build an altar of stone, as it is said, (Deuteronomy 27:6) “of whole stones thou shalt build [the altar of the Lord thy God]”. Similarly, (Exodus 22:24) אם כסף תלוה את עמי is obligatory and signifies: “when (אם) thou lendest My people money”, and not, “if thou lendest”, because it is said, (Deuteronomy 15:8) “And thou shalt surely lend him”; consequently this אם also is used in the sense of כאשר “when”. Similarly, (Leviticus 2:14) ואם תקריב מנחת בכורים, for this refers to the meal-offering of the Omer which is obligatory and therefore the trantlation is, “And when (ואם) thou offerest the meal-offering of first-fruits”, and not, “if thou offerest”. You must therefore admit that these instances of אם are not conditional, meaning “if”, but they are absolute, and that they are used in the sense of כאשר, “when” (Mekhilta d'Rabbi Yishmael 20:22:1; Yalkut Shimoni on Torah 306; cf. Rashi on Leviticus 2:14).

If thou at all take thy neighbour’s garment to pledge, thou shalt restore it unto him by that the sun goeth down;

אם חבל תחבל IF THOU TAKE TO PLEDGE — The root חבל never signifies “taking a pledge” at the time when the loan is transacted, but it means taking the goods of the debtor when the date of payment arrives and he does not pay (Bava Metzia 114b). [חבל תחבל — Scripture bids you take the pledge repeatedly — even many times (that is, repeatedly to defer the time of payment). The Holy One, blessed be He, says as it were: “How much do you owe Me! See, your soul ascends night by night to Me and renders account of its doing and so becomes My debtor, and should be kept as a pledge; and yet I return it to you every morning. Thus, too, you should do: take the pledge and restore it, take it again and again restore it!”) (Midrash Tanchuma, Mishpatim 16)].

The Sages taught: One who lends money to another is not permitted to take collateral from him, and is not obligated to return it to him, and transgresses all of these labels [shemot] of prohibitions. The meaning of this baraita is unclear, and the Gemara asks: What is the tanna saying? Rav Sheshet said: This is what he is saying: One who lends money to another is not permitted to take collateral from him, and if he did take collateral from him, he is obligated to return it to him. As for the clause: And he transgresses all of these labels of prohibitions, this is referring to the latter clause, i.e., the case implicit in the baraita, where the creditor took collateral from the debtor and did not return it, and the baraita explains that such a person violates all of the Torah prohibitions that apply to this situation.

for that is his only covering, it is his garment for his skin; wherein shall he sleep? and it shall come to pass, when he crieth unto Me, that I will hear; for I am gracious.