EXOD685 "Do not act with him as a creditor" [this verse] -- the lender must not afflict the borrower, and he must not pass before the borrower knowing that he has nothing to pay him with (Bava Metzia 75b), for he causes him suffering thereby. We have been exhorted to remove the trait of cruelty from our souls, as it is written [Shemos 22:21): "Do not afflict any widow or orphan," and (Vayikra 25:17): "Let one man not afflict his friend, but fear Hashem." One must also return the poor man's pledge, as it is written (Shemos 22:25): "If you take the poor man's garment in pledge, return it to him before the sun goes down," after which it is stated (ibid.:26): And it shall be, if he cries out to me, that I will hear him, for I am merciful," and (ibid.:20): "and do not afflict or oppress a stranger."

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EXOD686 It is a negative commandment not to demand of a borrower to pay his debt when one knows that he has not the means to pay as Scripture says, You shall not be to him as a collector [this verse]. It is forbidden for the lender to pass by before the borrower when he knows that the other has not the means to pay, so that he should not put him to shame. Yet just as a lender is forbidden to make demands, so is the borrower forbidden to suppress the money due his fellow man, to tell him, "Go and come back," when he has it. This is a prohibition from the words of the later parts of Scripture; for it states, Do not say to your fellow, "Go and come again, and tomorrow I will give"--when you have it with you (Mishley 3:28). It is likewise forbidden for the borrower to spend the borrowed money needlessly until he is unable to pay it; he is called wicked, as Scripture says, The wicked man borrows and does not pay (T'hillim 37:21).

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EXOD688 If a poor man borrows money from you and when the time for repayment comes you know that he is unable to repay, for he is destitute, refrain from claiming your money. Fulfillment of the mitzvah and implants in our hearts kindness and mercy. Having developed these traits we become worthy of Heaven's blessings. Hashem's desire to bestow good upon us in this world and in the next will be fulfilled.

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EXOD687 "You shall not act towards him as a creditor" [this verse]. We have herein been admonished not to distress the borrower -- the lender should not pass before him knowing that the borrower does not have the means to pay, for he harasses him and depresses him by doing so. Our Sages, z"l, said (Bava Metzia 75b) that this is the equivalent of his sentencing him twice over, as the pasuk says: (Tehillim 66:12), "You assigned a man over our head [i.e., this is the creditor. See Rashi, Bava Metzia 75b]; we went through fire and water [i.e., sentenced twice over]. It is appropriate to be zealous and reprove those oppressors of our nation who in some places incarcerate the borrower in chains even when he is in no position to pay.

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EXOD689 When R. Dimmi came, he said: Whence is it derived that if one lends his friend a maneh and he knows that he cannot pay it, that he is forbidden to pass in front of him? From: "Do not be to him as a creditor" [i.e., Do not even let him get the impression that you are "hinting" at the money] (Bava Metzia 75b).

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EXOD690 It is a positive commandment of the Torah to lend to the poor among our brothers, as it is said [this verse]. The Mechilta observes that all "if"s in the Torah express an option, except three, which introduce an obligation, and this is one of the three. The proof lies in the statement [Deuteronomy 15:8] "You shall surely lend to him," which is expressed as an imperative. This mitzvah is superior to charity, since here the poor is not put to shame by accepting gifts, and since here also his hand is strengthened; he is supported and protected from financial ruin. By such an act, the lender fulfills the mitzvah of the Torah (Leviticus 25:35): "And if your brother be waxen poor and his hand fail with you, you shall uphold him," so that he should not be ruined and become dependent on charity. This commandment is also fulfilled by giving loans to the rich for a certain period, when they are pressed for money, since chesed may be done both to rich and poor. The only difference is that the poor take priority, and for that reason scripture has made explicit mention of the poor and its reference to the mitzvah. If Scripture had not made us aware of our obligation, we would prefer to lend to the rich only, since one is likely to receive many favors in return, and, moreover, the rich person is a more reliable risk.

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EXOD697 See [[LEV1061]] Leviticus 25:36 interest CCCBM 147 and Leviticus 25:37 interest CCCBM 147

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EXOD695 It is a negative commandment to have no part in dealings between a lender and a borrower at interest for Scripture says, neither shall you put interest upon him [this verse] – which means that one should not be a guarantor or a witness between them; and the lender is also included in the scope of this prohibition, apart from the injunction not to lend at interest to a member of Jewry. Any intermediary between them [who brings them together or helps them arrange the loan] violates the injunction, nor shall you put a stumbling-block before the blind (Ya-yikra 19:14).

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EXOD691 "You shall not impose interest upon him" [this verse]. This is an injunction directed towards the witnesses [i.e., those who witness a loan where interest is charged. The injunction applies to the lender and guarantor, as well as; see Bava Metzia 75b]. As such, the pasuk says "You shall not impose," in the plural, subsequent to saying, "You shall not act towards him as a creditor" [this is written in the singular as it refers only to the lender] since it is an injunction that is directed towards the witnesses [i.e., it is plural because it applies to the two witnesses].

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EXOD694 Commenting on this law, Rashi notes that the Hebrew word for interest (neshekh) is related to the word for bite (neshikhah). In Rashi's words: "Neshekh" means interest since it is like the bite (neshikhah) of a snake, which bites making a small wound on one foot which he does not feel, but certainly it blows up as far as his head. So with interest--one does not feel it and it is not at first noticeable until the interest increases and causes one to lose much money. Rashi to Exodus 22:24.

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