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109

LEVITICUS | 25:35 uphold — LEV1052 Some people are afraid that the debtor wi...

LEV1052 Some people are afraid that the debtor will not repay the loan. They are unwilling to accept any security. Yet one should earnestly reflect before he releases himself from this obligation. Firstly, if the amount is small he would, regardless, be bound to give the money to this man as charity, or in fulfillment of the mitzvah [this verse]. So he certainly is duty-bound to lend the money, even if there is some danger of financial loss. Even if the sum would not be returned to him, he would still have to give it to the person for the reasons we have mentioned above. And even if these reasons could not be applied in a specific case, as where the amount exceeds what he is obliged to give to charity, or where the mitzvah of "You shall uphold him" is not involved--once the borrower offers him a reliable security, he can no longer free himself from the obligation to accept the pledge (unless the borrower is a violent person who can force him to return the article before the loan is repaid). There is another argument motivated by fear. The person approached is concerned that he might need the money at short notice. This argument has some validity. If he needs the money for his household expenses, he certainly takes priority, for his own life comes before his neighbor's. He is also justified where an investment is immediately available, or where he has been approached to give the free loan for a long term, since in this case it is normal for some investment opportunity to present itself during a longer period of time. Still, for someone to refrain from granting a short term loan to the needy while his money lies idle, on the chance that some profitable transaction might suddenly arise, is not a reasonable excuse, unless the person really expects to engage in some enterprise in the near future, and he could not do so without this money. Take note, however, that these considerations apply to a person who is not especially wealthy. He expects the business investment to yield him a living for his household. A really rich person, however, who possesses idle cash, is certainly duty-bound to make the loan if the person requesting it is trustworthy or prepared to offer security, even if this loan would preclude him from investing this some in other business interests. The positive commandment of "When you lend money to the poor" devolves upon everyone in proportion to his means (Sefer Hachinuch, Mitzvah 66). In this instance, his means are certainly sufficient. The principle of his life taking precedence over his neighbor's certainly does not apply. This rich man would only use his money to increase his wealth still further, while the borrower would use it for his basic necessities. If the rich man's argument is sustained, there would never be a limit. He could always keep on acquiring new business interests. No amount of investment capital would ever be sufficient for him. He would forever be exempt from the mitzvah of lending to the poor. There is a third reason, also motivated by fear, for a person refraining from performing the mitzvah of gemiluth chesed. He is apprehensive that the public will become aware of his wealth. He would then be subjected to pressure to contribute to communal needs. This contention is certainly groundless. Shall one be absolved from his duty to observe a positive commandment of the Torah because of this fear? This contention has no more validity than the argument of the person who refrains from giving charity for he is afraid of losing his money. In the present case, many Biblical verses and Rabbinical literature indicate that the sin is grave, and the punishment is the loss of one's property in this world, as is evident from the Gemara (Kethuvoth 66b). Tanna debei Eliyahu Zuta (Chap. 4) declares: "If you have given charity, you will acquire possessions. If you have acquired possessions, give them as charity while they are still in your hands. Buy this world with them, and you shall inherit the world to come. For if you do not use them for charity, they will soon depart, as it is said (Proverbs 23:5): 'Shall your eye make it fly away and be gone?'" (Continued at [[DEUT156]] Deuteronomy 5:10 give AHAVCH 110-1).

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Source KeyAHAVCH
Verse25:35
Keyword(s)uphold
Source Page(s)108-10

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