Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

Misva #67: Not to Pressure a Debtor Who is Unable to Repay

Misva #67: Not to Pressure a Debtor Who is Unable to Repay

FromSefer Hachinuch


Misva #67: Not to Pressure a Debtor Who is Unable to Repay

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Nov 5, 2021
Format:
Podcast episode

Description

The Torah in Parashat Mishpatim (Shemot 22:24) commands that when a person lends money to somebody, “Lo Tiheyeh Lo Ke’nosheh” – he may not apply pressure on the borrower to repay. Of course, a lender is fully entitled to claim the money when repayment is due. However, if the lender knows that the borrower does not have the ability to repay the loan, then he is not permitted to pressure him. This prohibition includes intentionally walking by one’s debtor without saying anything, because even seeing the lender will cause the borrower to feel pressured. A somewhat surprising extension of this prohibition involves lending money on interest. A separate prohibition forbids lending money to a fellow Jew on interest, but one who does so is also in violation of the prohibition of “Lo Tiheyeh Lo Ke’nosheh,” because the interest automatically applies pressure upon the borrower. Even if the lender does not say anything to the borrower, the very fact that he demands interest constitutes a form of pressure, as the borrower knows that any delay in repayment will cost him additional interest. Therefore, lending a fellow Jew on interest violates two separate Biblical prohibitions. The Sefer Ha’hinuch explains that this Misva, like many others, is intended to engender within us the qualities of sensitivity, kindness and compassion for others. The essence of this Misva relates to not the benefit of the borrower as much as the benefit of the lender, who will develop fine qualities through which he will earn the great rewards which G-d wishes to bestow upon all of us. This prohibition applies at all times, in all places, and to both and women. Violators of this command do not receive Malkut, because it falls under the category of “Lav She’en Bo Ma’aseh” – prohibitions that are not violated through the performance of a concrete action, which are not punishable by Malkut. The Minhat Hinuch raises the question of how one can ever claim a loan, given the possibility that the borrower does not at that time have the ability to pay. After all, the famous rule of “Safek De’Orayta Le’Humra” establishes that in situations of uncertainty regarding a Torah law (as opposed to a law enacted by the Sages), we must act stringently in order to avoid the risk of transgressing. Seemingly, then, since the lender does not have definitive knowledge about the borrower’s financial condition, and thus any time he claims the loan he runs the risk of violating a Torah prohibition, a lender should never be allowed to ask for the loan’s repayment. Clearly, such a conclusion is untenable. The Minhat Hinuch answers this question by clarifying that the Torah law applies only when the lender knows with certainty that the borrower is unable to repay the loan. This law does not take effect unless the lender has somehow learned that the borrower is not in a position to repay, and thus in all other instances, the lender may claim the loan. Proof to this theory may be drawn from the Sefer Ha’hinuch, which defines this prohibition as forbidding claiming a loan from a borrower who cannot repay “Le’sa’a’ro” – “to cause him distress.” The very definition of this command is that one may not claim a loan for the purpose of making the borrower upset. Necessarily, then, this command applies only in the case of a lender who knows with certainty that the borrower does not have the ability to repay, such that the only purpose served by asking for the money is to cause the borrower anguish. In all other situations, however, it is perfectly acceptable for the lender to ask for his money back, because his intent is to receive the money owed to him, and not to make the borrower upset. As part of the Torah’s concern for the welfare of underprivileged debtors, certain limits are placed on the lender’s right to collect the loan. Specifically, if all the borrower has is money for thirty days’ worth of food, the lender may not collect. Likewise, he may not collect his debt from the borrower’s clothing if
Released:
Nov 5, 2021
Format:
Podcast episode

Titles in the series (100)

Sefer Hachinuch Daily - delivered directly to your computer and/or mobile device