Comentários de Citação sobre Deuteronômio 24:17

Introduction The final mishnah of chapter nine discusses the laws concerning a creditor’s taking of a pledge from a borrower. A pledge is an object probably worth about the value of the loan. The borrower actually gives the pledge to the lender before receiving the loan. It is to be distinguished from collateral which does not go to the lender unless the borrower defaults on his loan. There are three passages in Deuteronomy 24 concerning “pledges”. Verse 6 states: “Do not take a mill or an upper millstone as a pledge, for that would be taking someone’s life as a pledge”. In other words, since these two objects are necessary to produce food, a lender is prohibited from taking them. Verses 10-13 state two laws regarding pledges: 1) when one takes a pledge he must not enter the borrower’s house; 2) if the lender is poor the borrower may not keep his pledge overnight. The assumption here is that the pledge was a cloak in which the poor person will need to sleep. Verse 17 states, “Do not take the a widow’s garment as a pledge”.

A pledge may not be taken from a widow, whether she be rich or poor, as it states, “Do not take the a widow’s garment as a pledge” (Deut. 24:17). The Torah states that one may not take a pledge from a widow. The mishnah states that this is true whether the widow is rich or poor.

בין שהיא עניה בין שהיא עשירה וכו' – because there is according to the one (Rabbi Shimon – Bava Metzia 115a) who said that she is poor and we don’t take a pledge from her, because you must return it (i.e., the pledge/security) to her and she comes and goes to you, you bring her into disrepute with her neighbors, but a rich woman, about whom you don’t have to say this, I would say that you can take a pledge [from her], but this comes to inform us that this Tanna/teacher of the Mishnah does not, as it is written (Deuteronomy 24:17): “You shall not take a widow’s garment in pawn,” both a poor [widow] and a rich [widow] are implied.