76. Creditor and Debtor - Malveh ve-Loveh
We are commanded to lend to a poor Jew and it is
forbidden to harass him regarding repayment, as it says
"If you lend money to My people, to the poor among you,
you shall not be demanding to him",1 and it says "[He
shall not harass his friend...] you may harass the
stranger... [you shall not harden your heart or close
your hand to your poor brother; you shall open your
hand to him] and you shall give him a pledge [according
to his needs]".2,a
A debtor must not evade paying his debts, as it says
"Do not say to your friend `Go and come back'".3 All his
property is liable for the debt; if the loan was made on
a note, the creditor can collect, if necessary, even from
real estate that the debtor sells after the loan.
If he is bankrupt he has no further liability; but the
post-Talmudic sages decreed that he must take an oath
that he has nothing but necessary household goods.b
It is forbidden to take collateral for a loan forcibly,
as it says "[If you have any demand against your friend
you shall not come into his house to take collateral;]
you shall stand outside [and the man against whom you have a
demand shall bring the collateral out to you]".4 If the
debtor is poor and the collateral was not taken at the
time of the loan we are commanded to return it to him
whenever he needs it and we are forbidden to keep it from
him, as it says "[And if he is a poor man] you shall not
sleep with his collateral; you shall return the collateral
to him by sunset",5 and it says "[If you take your friend's
garment as collateral] you shall return it to him by
sunset".6 It is forbidden to take as collateral utensils that
are used to prepare food, as it says "[He shall not take
a mill as collateral] for he is taking life as collateral".7
It is forbidden to take collateral from a widow, as it says
"You shall not take the garment of a widow as collateral".8,c
It is forbidden to lend money to a Jew at
interest, as it says "[And if your brother becomes poor...]
you shall not take interest or increase from him... you
shall not give him your money at interest and you shall
not give him your food at increase".9 It is forbidden to
borrow money at interest, as it says "You shall not take
from [or: give to] your brother interest [of money,
interest of food, interest of anything taken for interest]".l0
It is forbidden to participate in a loan that involves
interest (as guarantor, scribe or witness), as it says "[If
you lend money to My people...] you shall not put interest
on him".1 It is permitted to lend to or borrow from a
non-Jew at interest, as it says "You shall take interest from
the stranger [but from your brother you shall not take
interest]"11; but the sages forbade doing this except as
necessary to support oneself.d
Sources: |
| 1. Ex. 22:24 |
a. 1:1-2 |
| 2. Deut. 15:2-3,7-8 |
b. 1:3; 2:1-2; 11:4; 18:1-2 |
| 3. Proverbs 3:28 |
c. 3:1-2,4-5 |
| 4. Deut. 24:10-11 |
d. 4:2; 5:1-2 |
| 5. Deut. 24:12-13 |
|
| 6. Ex. 22:25 |
|
| 7. Deut. 24:6 |
|
| 8. Deut. 24:17 |
|
| 9. Lev. 25:35-37 |
|
| 10. Deut. 23:20 |
|
| 11. Deut. 23:21 |
|
