Hebrajska Biblia
Hebrajska Biblia

Halakhah do Wyjścia 22:25

אִם־חָבֹ֥ל תַּחְבֹּ֖ל שַׂלְמַ֣ת רֵעֶ֑ךָ עַד־בֹּ֥א הַשֶּׁ֖מֶשׁ תְּשִׁיבֶ֥נּוּ לֽוֹ׃

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Sefer HaMitzvot

That is that He commanded us to return the surety to its Jewish owner at the time that he has a need for it: If the surety is from that which he needs during the day - such as tools of his craft or his activity - he returns it to him during the day and holds it in surety at night; and if it is from that which he needs at night - such as a pillow or a blanket - he returns it to him at night and holds it in surety during the day. And the language of the Mekhilta is, "'Before the sun goes down, you shall return it to him' (Exodus 22:25) - this refers to a day-garment, that you can return the entire day. [...] From where [do you know about] a night-garment that it can be returned the entire night? [Hence] we learn to say, 'You shall surely return the pledge to him when the sun goes down' (Devarim 24:13). From here the Sages said, 'A day-garment that is taken as a pledge is returned during the whole day, and a night-garment is returned during the whole night." And it is already been explained in the Gemara, Makkot (Makkot 16a), that His, may He be exalted, saying, "you must not enter his house to seize his pledge" (Deuteronomy 24:10), is a negative commandment that is rectified by a positive commandment. And the positive commandment is His saying, "You shall surely return." [This verse also] teaches that we return a night-garment at night and a day-garment during the day. And the regulations of this commandment have already been explained in Chapter 8 of [Bava] Metzia. (See Parashat Mishpatim; Mishneh Torah, Creditor and Debtor 3).
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Sefer HaChinukh

To return the surety to the owners at the time that he needs it: That we were commanded to return the surety to its Israelite owners at the time that it will be needed by him; meaning to say that if the surety is something that a person needs during the day - for example, the tool for his work - he should return it to him during the day, and the borrower brings it back to him during the night, and if it is a vessel that he needs during the night - for example, bedding or a blanket - he should return it to him during the night, and the borrower brings it back to the creditor during the day. And the language of Mekhilta, Mishpatim 186 is "'You must return it to him before the sun sets' (Exodus 22:25) - this is the clothing of the day, that you must return it to him [the whole day. That you must return the clothing of the night] for the whole night, from where [do I know it]? [Hence] we learn to say, 'You must surely return the pledge to him at sundown' (Deuteronomy 24:13). From here they said, we take the clothing of the day for surety during the night and the clothing of the night during the day." And the proof that this is from the count of positive commandments is that which they, may their memory be blessed, said in the Gemara in Makkot 16a that the negative commandment of "you must not enter his house to seize his pledge," is a negative commandment that is rectified by a positive commandment - and [that] positive commandment is "You must surely return."
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