Take Ten for Talmud
1631BabaMetzia115- Not to take food preparation Mashkon on loan past due
Shalom Alaykum on behalf of Teach 6.13, we welcome you to take 10/5 Talmud. Baba Mitzia Kuftesvov, Baba Mitzia 115a, pagination is 229, starting from the Mishnah about eight lines from the bottom. Redeeling with a mitzvah listed in the Torah regarding collateral, that means that a person lent somebody else money and the due date has come and gone and he wants to somehow leverage his ability to collect a little bit better. So he's taking collateral, specific guidelines, how to go about it through Bezden, by standing outside and the person gives a collateral. There are certain restrictions and mitzvahs that are related to this concept of collateral and the influence that you have to take the collateral, but there are restrictions. Now we mentioned one of those restrictions regarding returning the collateral when the person needs it. So this mashkon, this item, which he's holding, if it's day clothing, he's going to be returning it during the day. If it's night clothing, a mattress, a bed, he's going to be returning it at night. If it's work implements, he'll be giving it to him when he needs them for the work. This is based on the Sukhim in Pasha's Mishpatim, Parikraf Bez, Pasuk Khraf Hei. In Heval Tachbo Salmasrei Echa, Ad boa shamesh teshivanullo, if you're taking as the pledge, as the collateral, the clothing, so when he needs the clothing, you're going to give it to him. Now we do have to spend a moment on the word Havel Tachbo. It means pledge. What exactly? It's an unusual word for such a usage. We don't encounter it that much. Havela, you might recall, is a damage. Havel is a rope. What's Havel Tachbo Salmasrei Echa? What does that mean? How does it come to mean the word pledge? It's just another definition of the word. So Revshamshamfhel Hirsch writes that it's related indeed to the word Havela rope. And he says by this act, the person who lent the money is looking to bind like a Havela rope, the object or the debtor to himself. What's happening here is that the debt due date has come and gone and he feels like this person is distant, is at risk of ignoring the debt. So he wants to bind. He wants to rejuvenate a reminder of this debt to make sure it remains active. So he's taking this item for collection. It is possible, as we think about it, that it's also related to Havela, to a damage where you're stepping into the person's assets and you're taking away something of his. And that's exactly why this beautiful mitzvah, this chesed, is coming up where you're going to go out of your way to return the item when he needs it and switch collateral items so that you're protected, but you're not damaging him. You're not infringing on his life in a way that makes it impossible for him to move forward. The mitzvah that we're focused on today is a different mitzvah on the same scenario in Homish Devar and Parikhov-Gimmel-Posikwav, Lo Yahval-Reihayim-Vorekhov. When you take such a pledge, when you take such a collateral, you're not allowed to take the millstone. The item that he uses in order to produce food, Kinefesh-Ujovil, because if you do that, you're not just taking the millstone as a pledge, you're taking his very life as a pledge. You're infringing so directly on his sustenance that it's going to handicap him from living. So Lo Yahval, don't take as the pledge Reihayim, that's the bottom part of the millstone grinding the grain, Vorekhov from the word Rohave to ride, that's the upper part of the millstone that's moving along in order to grind the grain. And indeed, the mafarsham described this as a mitzvah in the words of the Morin-Navuchum-Gimmel-Lamitas, "Hhem-la-Al-Huev-Yonim," it's an act of mercy on the poor person who needed to borrow the money and has no way to pay it back at the moment, "You're taking a collateral, but don't take this." "Rachmanos vachanino," it's mercy, it's showing him grace. So this mitzvah is similar in certain ways to the isterribbis, not allowed to take interest, because as much as he owes you money, but don't destroy him because of that. Don't have it constantly become bigger and bigger, for example, by the case of ribbis, which would destroy him. And over here, don't take away his very sustenance because that would destroy him. Let's look at our Mishnah now, "Hachov-Oles-Harechayim," if a person were to take the millstone as collateral, "Ova Misham-Losa-Ace," it is a violation, "Vachayim Misham-Schnay-Kalim," and is going to be in violation for two different prohibitions, "Shanam-Losa-Oles-Harechayim-Vorechayim," because the Torah describes it as two different items, the "Rachayim," the bottom part of the millstone, "Virechayim," and the one that rides above it. "Virechayim Virechayim-Virechayim-Vivad-Omru," and this "Aloha" does not just apply to this particular two parts of the millstone, "Ala-Kal-Dova-Sha-Osimba-Ochal-Nefesh," but anything that has to do with "Ochal-Nefesh," with food, "Shanam-R-Kine-Fesh-Uchowel," because you're taking his life, his sustenance, and therefore any such items would be included in this prohibition. Just to overview some things to be aware of, a substantial difference between taking collateral at the time that the loan is done, and taking it later when the debt is due, and you're trying to kind of do a collections or hevel to rope the person in so that they end up paying, not disregarding the loan. So there are differences between the two, according to many commentaries, we'll just mention the topics to be aware of. Number one, when it comes to "Ochal-Nefesh," that we're describing over here, implements that are food-related if the person comes like a pawn shop and offers that item so that may, at least according to some, be permitted to do a loan like that. The restriction over here is primarily when the debt was already passed due and now under pressure, the person has to give you something and they end up giving you their livelihood item, and that's where the violation is. Another difference between at the time of the loan being done as opposed to this attempt at collection type of thing is that you're not obligated to return the item as he needs it if it was given to you at the time of the loan. The obligation to return it as he needs it and that entire exchange process that we've been describing is a "Heset-Vachanino," a special accommodation that's done if you're doing this because it was passed due. You're roping him in because it's passed due. That's where that restriction applies, and you would do that exchange, but again, not if it was done at the time the loan was tendered. Another law, which is also important to be aware of, is mentioned also in Pasha's "Kiset-Vachan" Pashaqir Hess, that you're not allowed to do this type of collection from an almona from a widow. And again here, the commentaries observe that there would be a difference of consideration whether she's coming like a pawn shop to offer the item, then it's like an exchange. But if it's going to be done when the loan is passed due, then there's a specific rule that you're not allowed to take, the collateral, from this woman, as described in Shohon-Aruch, Simun-Sadi-Zayin-Seif-Yud-Dalid. Yashikouach, thank you for joining.