Frequently Asked Questions
Q: What does 'thou shalt not sleep with his pledge' mean in Deuteronomy 24:12?
A: This verse teaches that if a poor person gives an item as collateral for a loan, the lender must return it by nightfall if it is something the borrower needs for basic living (like a blanket or garment). Rashi explains that this prevents unnecessary suffering, as the poor person may need the item to stay warm at night.
Q: Why is returning a poor person's pledge at night important in Judaism?
A: The Torah emphasizes compassion and dignity. The Rambam (Hilchot Malveh v'Loveh 3:7) states that keeping a poor person's essential item overnight violates the mitzvah of 'You shall not act toward him as a creditor' (Exodus 22:24). This law protects the vulnerable from further hardship.
Q: What practical lesson can we learn from Deuteronomy 24:12 today?
A: This verse teaches us to be sensitive to others' basic needs, especially when dealing with financial matters. The Talmud (Bava Metzia 113a) derives from this that we must go beyond legal requirements to act with kindness (lifnim mishurat hadin). Even in business dealings, we must consider human dignity.
Q: Does this law apply to all types of collateral or just specific items?
A: According to traditional Jewish law, this specifically applies to essential items needed for daily living. The Mishnah (Bava Metzia 9:13) gives examples like a pillow, blanket, or millstone. For non-essential items, the lender may keep the pledge longer, but must still avoid causing undue hardship.
Q: How does this verse relate to other Torah laws about loans?
A: This is part of a broader Torah framework about ethical lending. Along with prohibitions against interest (Exodus 22:24) and the requirement to lend to the poor (Deuteronomy 15:8), this verse shows that financial dealings must uphold human dignity. The Sifrei connects this to the principle that all mitzvot ultimately aim to refine our character.
Context and Source
The verse "וְאִם־אִישׁ עָנִי הוּא לֹא תִשְׁכַּב בַּעֲבֹטוֹ" (Shemot 22:25) appears in Parashat Mishpatim, which details many of the civil and ethical laws given at Har Sinai. This particular law pertains to the treatment of a poor borrower and the prohibition against retaining his collateral overnight if it is essential for his livelihood or comfort.
Rashi's Explanation
Rashi (Rabbi Shlomo Yitzchaki) comments that this verse refers to a lender taking a pledge from a poor borrower. He emphasizes that if the pledge is something the borrower needs for basic sustenance—such as a blanket or garment—the lender must return it by nightfall. Rashi cites the Talmud (Bava Metzia 113b), which derives from this verse that one may not withhold essential items like a pillow or blanket, as doing so would cause undue suffering to the borrower.
Rambam's Legal Perspective
Rambam (Maimonides) elaborates on this law in Hilchot Malveh v'Loveh (Laws of Lenders and Borrowers 3:7-8), stating:
Midrashic Insight
The Mechilta (a halachic Midrash on Shemot) connects this mitzvah to the broader ethical principle of compassion for the poor. It teaches that Hashem identifies with the suffering of the impoverished, as it says (Tehillim 12:6), "Because of the oppression of the poor, because of the groaning of the needy, I will now arise." Withholding a poor person's essential pledge is akin to oppressing them, which the Torah strictly forbids.
Practical Halachic Implications
The Shulchan Aruch (Choshen Mishpat 97:6-7) codifies this law with additional details: