Talmud su Deuteronomio 24:11

Rebbi Simai preached: “And the man,³⁰Deut. 24:11, about a creditor taking a pledge, quoted in full later in the paragraph.” that is the agent of the court³¹Sifry Deut. 276 seems to read וְהָאִישׁ as “ ‘and any man’, to include the agent of the court” since the verse obviously refers to the creditor.. For if the creditor enters, he removes the best. If the borrower enters, he removes the worst. How is this? The agent of the court enters and removes from average quality. Rebbi Ismael says, it is a word from the Torah that the creditor³²The context would require to read “debtor”; this is an Amoraic statement in the Babli, 50a. should enter, for it is written: “The man whose creditor you are should bring the pledge out for you.” That is, his pledge. His real estate was inferred from his pledge. Since his pledge [is taken] from average quality, also his real estate [is taken] from average quality.

MISHNAH: A person who lends to another may take a pledge from him only in court⁸⁶Under the supervision of the court.. He may not enter his house to take his pledge, as it is said: “You have to stand outside.⁸⁷Deut. 24:11.” If he had two vessels⁸⁸This expression, כֵּלִים, covers both implements and textiles., he takes one and returns one. He returns the pillow for the night⁸⁹Deut. 24:13. and the plough for the day. If he⁹⁰The debtor. dies, he⁹¹The creditor. does not return it to his⁹⁰The debtor. heirs. Rabban Simeon ben Gamliel says, even to himself⁹⁰The debtor. he⁹¹The creditor. returns it only up to 30 days; after thirty days⁹²The religious obligation to return the pledge is formulated in Deut.24:13 as an obligation to return it to the debtor in person. If the debtor died, the pledge may be sold and the proceeds deducted from the amount of the debt. he⁹¹The creditor. sells it in court⁸⁶Under the supervision of the court.

HALAKHAH: It is written about torts that the collection be from the best quality, as it is said: “his best field, etc.⁹³Ex. 22:4; Babli Giṭṭin 48b.” And it is written about a loan that the collection be from average quality, as it is said: “and the man to whom you are creditor, etc.^87,Deut. 24:11.⁹⁴The inference is explained later by R. Simai.” They inferred real estate from pledges⁹⁵Since Deut. 24:14 refers to a pledge of movables, it is not obvious that the same rule should be applied to the foreclosure of a mortgage.. Similarly, should not pledges be inferred from real estate⁹⁶If payment for torts is made by cash or movables, not in real estate, that only best quality would be acceptable. But any debt can be liquidated by money or money’s worth to avoid foreclosure.? ⁹⁷A parallel to the remainder of the paragraph is in Giṭṭin 5:1, Notes 30–32. Rebbi Simai explained: It is a word of the Torah that the court’s bailiff enter and collect from average quality. For if the creditor enter, he would bring out the best. And if the debtor enter, he would bring out the worst. But the court’s bailiff enters and collects from average quality. Rebbi Ismael stated: It is a word of the Torah that the debtor enter, as it is said: “and the man to whom you are creditor etc.⁹⁸Deut. 24:10–11: “If you are a creditor to your neighbor for anything, do not enter his house to take his pledge. Stand outside, and the man to whom you are creditor shall bring the pledge outside to you.” This clearly indicates that it is up to the debtor to determine what to give as pledge; the requirement that it be of medium quality is purely rabbinical for R. Ismael; in the words of the Babli “not to lock the door before borrowers” (Babli 113b). The obligation to stand outside extends to the bailiff (Sifry Deut. 276).
But R. Simai, and the Masoretes who follow him in their punctuation, read: “Stand outside, and the man, acting on behalf of the one to whom you are creditor, shall bring …” The man is the court’s employee.” Rebbi La said, it was stated there⁹⁹In Babylonia.: “to seize as pledge”, by the court. Outside the court, from where¹⁰⁰The court has to give authorization; it does not have to oversee the execution.? The verse¹⁰¹Ex. 22:25. says, “if to seize as pledge you seize as pledge.” If he took the pledge without authorization, he transgresses all these verses¹⁰²Tosephta 10:8: Ex. 22:25, Deut.24:10–13, for a total of five sins committed by one action.. Rebbi La said, he caused himself to transgress all these verses¹⁰³If he received the pledge through the court’s bailiff and did not return it, he still would transgress Ex.22:25 and Deut. 24:13, but not the other commandments..