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Home -- Content: Series 7 (Laws) -- Translation: English -- Book: 1 (Tora) -- Part: 2 (Negative) -- Prohibition: 239 -- Text
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The Sharia of Moses in the TORA
Part 2 - The 365 Prohibitions of the Tora

239 - TAKING A PLEDGE FROM A DEBTOR BY FORCE


Deuteronomy 24:10-11 -- 10 “When you lend your brother anything, you shall not go into his house to get his pledge. 11 You shall stand outside, and the man to whom you lend shall bring the pledge out to you.”

The Mishnah says: “If a man lends money to his fellow, he may take a pledge from him when the debt matures only through the Court, and he may not enter his house to take his pledge, for it is written, You shall stand outside… etc.”*

* Deut. XXIV, 11; B.M. 113a (Sonc. ed. p. 644)

If the creditor does not restore the pledge, and does not fulfill the positive commandment regarding it, he is liable to whipping,* and must pay the value of the pledge, as explained at the end of Makkoth.

* For although he must deduct the value of the pledge from the amount of the debt, he has violated the decree of the Torah that the creditor should not take the law into his own hands by going into the debtor’s house; only the Torah has given him the possibility of returning the pledge, thus avoiding the punishment. Hence, if he does not return the pledge, he is liable to whipping, although he must pay for its value (Hilchoth Malveh ve-Loveh III, 4, Maggid Mishneh). There is, however, a variant reading, “he is not liable to whipping, but must pay…”

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