Komentarz do Wyjścia 22:25

אם חבל תחבל IF THOU TAKE TO PLEDGE — The root חבל never signifies “taking a pledge” at the time when the loan is transacted, but it means taking the goods of the debtor when the date of payment arrives and he does not pay (Bava Metzia 114b). [חבל תחבל — Scripture bids you take the pledge repeatedly — even many times (that is, repeatedly to defer the time of payment). The Holy One, blessed be He, says as it were: “How much do you owe Me! See, your soul ascends night by night to Me and renders account of its doing and so becomes My debtor, and should be kept as a pledge; and yet I return it to you every morning. Thus, too, you should do: take the pledge and restore it, take it again and again restore it!”) (Midrash Tanchuma, Mishpatim 16)].

אם חבול תחבול שלמת רעך, "If you take your neighbour's garment as a pledge, etc." The moral/ethical message of this verse may be to awaken a person in whose hand the garment of the king (G'd) has been entrusted. Proverbs 27,10 states: רעך ורעת אביך אל תעזב, "do not forsake your friend or the friend of your father." The person in question is supposed to relate to said garment in the manner described in Shabbat 152. The return of the soul to G'd is compared there to a king who had distributed Royal garments to his servants. The intelligent ones folded these garments and placed them in a chest for safe-keeping. The fools wore them and performed their daily routines while wearing them. When the day came when the king asked that his gaments be returned, the intelligent servants returned them in good condition, ironed, etc. The fools returned the garments soiled, crumpled, etc. The king rejoiced when he observed the care taken by his intelligent servants, while he was angry at the foolish servants. He sent the former back to their homes in peace whereas he made the fools spend a long time in jail while the garments were being cleaned. We have already explained that man's soul is part of G'd's light. The Psalmist describes G'd as garbed in light (Psalms 104,2). G'd ordered that if the item (soul) He had given man as a pledge had become soiled, i.e. that man had committed sins while "wearing" the soul, there would come a time when he has to return this pledge (i.e. his death, described in our verse as "sunset"). Psalms 90,3 speaks about "the soul returning to dust, or broken-hearted." Our sages in Kohelet Rabbah 2, understand the word דכא as the dismay of death; man was given an opportunity to repent until the day he died, i.e. until the day his sun set.

אם חבל תחבל, even when you take such a pledge with the approval of the court, (compare Deuteronomy 24,11 according to which even the official of the court overseeing such a procedure is not allowed into the house of the debtor, and the debtor must himself bring you such a pledge to serve as collateral) the pledge must not consist of chattels which the debtor cannot do without. All of these considerations are included in the words “do not be like creditor to him.”