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Hebrew Text
כִּי־תַשֶּׁה בְרֵעֲךָ מַשַּׁאת מְאוּמָה לֹא־תָבֹא אֶל־בֵּיתוֹ לַעֲבֹט עֲבֹטוֹ׃
English Translation
When thou dost lend thy brother anything, thou shalt not go into his house to fetch his pledge.
Transliteration
Ki-tashe vere'ekha mashat me'uma lo-tavo el-beito la'avot avoto.
Hebrew Leining Text
כִּֽי־תַשֶּׁ֥ה בְרֵֽעֲךָ֖ מַשַּׁ֣את מְא֑וּמָה לֹא־תָבֹ֥א אֶל־בֵּית֖וֹ לַעֲבֹ֥ט עֲבֹטֽוֹ׃
Parasha Commentary
📚 Talmud Citations
This verse is quoted in the Talmud.
📖 Bava Metzia 113a
The verse is discussed in the context of the laws regarding taking a pledge from a borrower, emphasizing the prohibition against entering the borrower's house to take the pledge.
📖 Makkot 3b
The verse is referenced in a discussion about the severity of transgressing biblical commandments, including those related to loans and pledges.
Context and Meaning of the Verse
The verse (Devarim 24:10) addresses the ethical obligations of a lender when collecting a pledge (עֲבוֹט) from a borrower. The Torah prohibits the lender from entering the borrower's home to seize collateral, emphasizing the dignity and privacy of the borrower.
Rashi's Commentary
Rashi explains that the phrase "לֹא־תָבֹא אֶל־בֵּיתוֹ" ("you shall not enter his house") teaches that the lender must wait outside while the borrower brings out the pledge. This ensures the borrower retains dignity and is not humiliated in their own home. Rashi further notes that this applies even if the borrower is wealthy—highlighting that financial status does not negate the requirement for respectful treatment.
Rambam's Legal Perspective
In Hilchos Malveh v'Loveh (Laws of Lenders and Borrowers 3:1), the Rambam codifies this mitzvah, stating that a lender who enters the borrower's home to take a pledge violates a negative commandment. He emphasizes that the pledge must be given voluntarily by the borrower outside the home. This reflects the Torah's broader principle of כְּבוֹד הַבְּרִיּוֹת (human dignity).
Talmudic and Midrashic Insights
Practical Halachic Implications
Poskim (halachic decisors) rule that this prohibition applies even if the borrower owes money and the lender has legal rights to the collateral. The Shulchan Aruch (Choshen Mishpat 97:6) reiterates that the lender must not enter the borrower's property without permission, reinforcing the Torah's emphasis on ethical conduct in financial matters.