Halakhah sobre Êxodo 22:24

Just as it is forbidden to shame one's friend in matters between man and his Maker, so is it forbidden to shame him in matters between man and his neighbor, even if what is said contains no admixture of falsehood. And I will not "conceal under my tongue" that there are in this [principle] many roots and branches, and that often this din changes [with the circumstances]. We shall speak about this at length, the L–rd willing, below in Principle X. But now we shall discuss one element that is forbidden beyond a doubt. That is, if one sees another asking his friend to lend him money (even though this [i.e., to lend] is a positive commandment of the Torah, viz. Shemoth 22:24: "When you lend money, etc.," as explained in the Book of the Mitzvoth of the Rambam, Positive Commandments 197), or [asking him] for some other favor, which he does not grant him; or [if he sees one transgressing] negative commandments between man and his neighbor, such as taking revenge and bearing a grudge, as is explained in Yoma (23a): "Which is revenge and which is bearing a grudge, etc.?" — since he [the object of the lashon hara] did not do him [the speaker] any evil (and there is also no benefit accruing to the affected party by his [the speaker's] recounting this to others), therefore, if he goes and recounts this to others, it is called "lashon hara" according to the din. And all this, even if it happened to [the speaker] himself, and it was also clear to him that he could have done him this favor, but refused to do so out of the perverseness of his nature. And there obtain here [also] all the elements of the issur which were explained in the preceding principle in section 3 concerning "between man and his Maker." And even if the withholding of the favor was to another, and the speaker's intent were only zeal for the truth (how much more so if the withholding of the favor were to the speaker himself!), it is certainly forbidden thereafter, to go and demean him for this. And one who transgresses this, aside from stumbling into the sin of lashon hara, also stumbles in this into the transgression of (Vayikra 19:18): "You shall not bear a grudge." And if he intends by what he says to take revenge of him for this, and to publicize the other's perverseness, he transgresses in addition (Ibid) "You shall not take revenge," aside from the issur of lashon hara.

Preface
The Torah writes: אִם כֶּסֶף תַּלְוֶה אֶת עַמִי אֶת הֶעֳנִי עִמָךְ לאׁ תִהְיֶה לוֹ כְּנוֹשֶׁה לאׁ תְשִׂימוּן עָלָיו נֶשֶׁךְ "When you lend money to my people, to the poor among you, do not press him for payment, do not take interest payment from him" (Ex. 22:24).The Torah obligates us to lend money to one less fortunate than we, but, at the same time, forbids us to derive benefit from making this loan. Any benefit derived thereof is called רִבִּית—interest.There are two major categories of ribis:1) Ribis deoraisa (רִבִּית דְאוֹרַייתָא) i.e. interest that is Scripturally prohibited. The classic case is when the lender stipulates at the time of the loan that the money is being lent with the condition that it be paid back with a set rate of interest. It makes no difference how high or how low the rate may be; in either case, it is ribis deoraisa and the lender must return the interest payment to the borrower. This holds true even where the borrower willingly agreed to the interest payment.2) Ribis derabanan (רִבִּית דְרַבָּנָן), i.e. interest that is Rabbinically prohibited, such as a) sa'ah besa'ah (see para. 11); b) avak ribis (אֲבַק רִבִּית), i.e. "a shade of ribis." The Torah prohibited only interest charged for a loan. The Rabbis added a prohibition on interest charged for a purchase; c) ribis mukdemes (רִבִּית מֻקְדֶמֶת), i.e. "pre-loan" ribis. The borrower sends money or gifts to the lender so that he will lend him money at a later date; d) ribis me'ucheres (רִבִּית מְאֻחֶרֶת), i.e. "post-loan" ribis. The lender did not set interest payments at the time of the loan, but the borrower paid interest at a later date. In cases of ribis derabanan, the Bais Din [Court] does not have the power to force the lender to return the interest collected, but it is, nevertheless, preferable in some cases that he do so on his own.The laws of ribis are complex and this chapter will only touch some of the fundamentals of this important subject. It is, therefore, extremely advisable that when a question of ribis arises, a competent rabbi, well-versed in these laws, should be consulted.
It being the nature of man to desire and lust after money, and it being more likely for man to transgress the prohibition of interest than other prohibitions concerning money, because where robbery and fraud and the like [are concerned], the victim usually protects himself against robbery or fraud. Also, one who wants to rob or defraud another, will often be inhibited because of shame or because of fear. This is not so concerning interest, for the borrower willingly pays and is happy that he has found a place to borrow even with interest. The lender, too, thinks to himself that he is doing a great favor to the borrower by enabling him to profit with this money, many times more than the interest. It is, therefore, very easy for the person to be seduced, Heaven forbid, by his evil inclination to transgress this prohibition. Therefore, the Torah was very stringent with this prohibition. And many prohibitary laws are said concerning it. The lender transgresses six prohibitory laws, and will not be included in the resurrection of the dead, for it is said: "He gave money [in return] for interest and he accepted interest, he shall not live."¹Ezekiel 18: 13. The borrower transgresses three prohibitory laws. The scribe,²Who draws up the loan contract. the witnesses³Who witnesses the loan and sign the contract. and the co-signer each transgress one prohibitory law. [This applies] also [to] the broker who brought them together or if he was of help to one of them, for instance, directing the borrower to one from whom he could borrow, or if he directed the lender to one to whom he could lend, he, too, transgresses one prohibitory law.

The commandment of lending to the poor person: To lend to the poor person - according to what is in reach of one's hand - in accordance with what [the poor person] needs, in order to give him space and to lighten his distress from upon him. And this commandment of lending is stronger and more obligatory than the commandment of giving charity. As the duress and the darkness of one who whose duress is [already] known and revealed among people and has [already] asked from them is not the same as the one who has not yet come to this embarrassment and is [still] afraid to enter into it. And if he would have a little assistance of a loan with which to make a little profit, maybe he will never need to come to asking. And [then] if God has mercy upon him with profit, he will pay his creditors, and he will live on the remainder (Sefer HaMitzvot LaRambam, Mitzvot Ase 197). And therefore, our perfect Torah warned us about this to assist the impoverished man with a loan before he needs to come to ask, as it is stated (Exodus 22:24), "If you lend money to My people." And they, may their memory be blessed, said in Mekhilta d'Rabbi Yishmael 22:24:1 [that] each and every, "if" in the Torah is optional except for three that are obligatory - and this is one of them. And they proved the matter from that which it is written in the way of a command in a different place, "you shall surely pledge" (Deuteronomy 15:8).

That we not demand the debt of a poor person that does not have with what to pay: That we have been prevented from demanding the debt of the borrower at the time that we know that he can not pay his debt, since he does not have [the money] - as it is stated (Exodus 22:24), "do not be to him as a creditor." And know that this preventing also includes not to lend with interest to [another Jew].

That we not give a hand between the borrower and the creditor with interest: To not be involved in an interest loan between the borrower and the creditor - meaning to say that we do not act as a guarantor for them and that we do not write a deed for them that has a mention of interest - as it is stated (Exodus 22:24), "you shall not place interest upon him." And the explanation comes in Bava Metzia 75b that this negative commandment is stated about those involved in the matter, such as the guarantor, the witnesses and the scribe. And there it is said also that the creditor is included with them in this negative commandment, besides the other negative commandments that are specific to him. And the general principle of the matter is that which Abbaye said there that the creditor transgresses six negative commandments, the borrower two and those involved, one.