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EXODUS | 22:25 pledge — EXOD720 ... certain assets can serve as pledges o...

EXOD720 ... certain assets can serve as pledges only temporarily, while others are completely beyond the reach of the creditor. So we find the Talmudic injunction that a craftsman’s solitary set of tools, used as a pledge, had to be returned to him each morning. Talmud Bavli, Baba Metzia 113a, b. This injunction was based on the biblical verse (Deuteronomy 24:6) forbidding the taking of a millstone as security for a loan. Since millstones are essential for the crushing or grinding of wheat and barley into flour, their possession by the creditor, would mean that the debtor's family would be unable to eat. A similar biblical injunction (Exodus 22:25-26) is explained by Rashi as enjoining the taking of basic necessities such as a pillow or a cloak. It was understood by halachic authorities throughout the ages as preventing the use of all essential items as pledges. Mishneh Torah, Hilkhot Malveh u Loveh, chapter 3, halakhot 5-6. See also Shulchan Arukh, Yoreh De’ah, section 96, subsections 6-18. The protection afforded by the Torah to the debtor did not only extend to the goods or articles which could properly serve as security for the loan; his privacy, too, was protected. Thus, creditors are not allowed to enter a debtor's house without his permission.

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Source KeyTAMARI
Verse22:25
Keyword(s)pledge
Source Page(s)175
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