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DEUTERONOMY — 24:10 collateral

DEUT1353 Lenders shall not forcefully take collateral from borrowers. Men cannot be allowed to prey upon one another, seizing items of value from one another, for such leads to theft and lawlessness. The strong will swallow the weak, ruling over them without fear, for the weak will be too frightened to fight back and demand their rights. Therefore the Torah takes steps to equalize the imbalance between the weak and the strong. Those who lend are forbidden to forcibly seize collateral from those who borrow. Collateral is obtained only through the courts. Thereby, life proceeds in a normal fashion, as the Creator desires. There is order and peace, without the weak living in constant fear of the powerful.

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DEUTERONOMY — 24:10 enter

DEUT1355 The Dignity of Being God's Creature. According to the Jewish tradition, the dignity of all human beings -- that which raises us above the status of other animals -- derives from the fact that we were created in God's own image: “And God created the man in His image, in the image of God He created him; male and female He created them.” Genesis 1:27 The primary way in which humanity is like God is in our abilities to understand and follow an argument for justice, to know right from wrong, and to choose the right. To do these things is both the privilege and the responsibility of being created in God's image. As Jews, God has given us the Torah to help us make the right decisions, and hence study of the tradition is an aid to good practice. Even without a thorough Jewish education, though, we may not hide from the implications of being created in the divine image. M. Avot 3:18 Thus a variety of biblical and rabbinical sources demand that we preserve not only the lives of the poor but their dignity as well. (Deuteronomy 24:10-11, M. Ketubbot 13:3, S.A. Yoreh De’ah 251:8, Even Ha-Ezer 112:11, B. Ketubbot 43a, and S.A. Even Ha-Ezer 112:16, 93:4) So, for example, if someone injures another person, the attacker must compensate the victim for the injury itself (lost capital value), the pain involved, the medical expenses, the time lost from work, and the degradation. M. Bava Kamma 8:1. When discussing payment for degradation, the Talmud’s basis for comparison is the embarrassment involved in poverty. That is, the clear case of degradation, to which other cases can be instructively compared, is the embarrassment involved in being in need. B. Bava Kamma 86a Since poverty is an affront to the dignity inherent in us as creatures of God, all those who can are obliged to help. By the same token, the poor themselves must take care to protect their own dignity. One way of doing this is to give charity-- no matter what one’s economic state. “Even a poor person who lives entirely on charity must also give charity to another poor person.” B. Bava Kamma 119a, B. Gittin 7b, M.T. Laws of Gifts to the Poor 7:5, and S.A. Yoreh De’ah 248:1, 251:12. Also, the poor who need aid are encouraged to apply to the community fund and are discouraged from door-to-door begging, because it diminishes their own dignity. B. Bava Batra 9a and S.A. Yoreh De’ah 250:3-4.

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DEUTERONOMY — 24:10 enter

DEUT1354 [The] demand that we respect each other means, of course, that we must help others to keep them from indignity, but it also has implications for how we do that--namely, that we must do so while preserving the person's dignity as much as possible. The Torah makes this demand: “When you make a loan of any sort to your neighbor, you must not enter his house to seize his pledge. You must remain outside, while the man to whom you made the loan brings the pledge out to you” (Deuteronomy 24:10-11). It is also evident in the Talmud’s demand that “even a poor person who lives entirely on charity must also give charity to another poor person.” (B. Bava Kamma 119a)

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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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