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DEUTERONOMY — 24:10 pledge

DEUT1356 If one person lent money to another to be repaid on a certain date, and the lender took no pledge, and the debt fell due and the debtor was delinquent, then the lender is forbidden to enter the borrower's house and seize a pledge. The Torah has warned: [this verse]. Whether the lender snatched the pledge by force or the borrower stood silently by without protesting, or else was away from his home at the time, the lender violates a negative commandment, since he took the pledge on his own. Even if he keeps pestering there till the debtor finally gives him the pledge of his own volition, the transgression is committed. Instead, the creditor must remain outside and the debtor must bring the pledge to him. So Scripture orders [Ibid. v. 11]. Not only to enter the debtor's house, but even to encounter him in the street and there to seize a pledge from him by force, is prohibited, unless the borrower gives the pledge of his own volition.

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DEUTERONOMY — 24:11 outside

DEUT1358 Among things that the Torah requires of Jews so that they might become a holy people, it states that a lender may not intrude on a borrower's home to collect on a loan and people may not be talebearers within the community. (Deuteronomy 25:10-14, Leviticus 19:16). Thus a holy people must protect a person's home, reputation, and communication by forbidding both intrusion and disclosure.

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DEUTERONOMY — 24:11 outside

DEUT1359 In rabbinic literature we encounter the concept [i.e., concern for the dignity of the person] as a fully developed halakhic and aggadic category called kavod ha-beriyot or kavod ha-adam -- respect or honor or dignity due to the individual. In the Pentateuch, while we find a command to "respect" (give kavod to) one's parents, we do not find a specific command to respect one's fellow human being. However, the concept is reflected in certain laws in the Torah. Thus, we have the following: [this and preceding verse]. The creditor's right to the pledge does not entitle him to invade the privacy of his neighbor's home. Being in the relationship of debtor to creditor has already placed him in a position of subservience, with an attendant loss of pride. To bring this uncomfortable relationship into the inner sanctuary of his individuality, i.e., his home, is to cause him further embarrassment.

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DEUTERONOMY — 24:12 poor

DEUT1364 The Rabbis taught: "And if he is a poor man, you shall not lie down with his pledge." Is the implication, then, that if he is a rich man you may lie down [with his pledge, i.e., sleep in it for the night? Is this not equivalent to the taking of interest]? The intent is, rather: If he is a poor man [who needs the pledge for the night]: "You shall not lie down with his pledge" with you [i.e., in your possession]; but if he is a rich man, you may lay down with his pledge in your possession (Bava Metzia 114b)

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