בַּח֖וּץ תַּעֲמֹ֑ד וְהָאִ֗ישׁ אֲשֶׁ֤ר אַתָּה֙ נֹשֶׁ֣ה ב֔וֹ יוֹצִ֥יא אֵלֶ֛יךָ אֶֽת־הַעֲב֖וֹט הַחֽוּצָה׃
Sa labas ka tatayo, at ang taong pinautang mo ang maglalabas sa iyo ng sangla roon sa labas.
Bartenura
ובעל חוב בבינונית – that from the Torah he does not collect other than from the lowest quality land of the estate, as it is written (Deuteronomy 24:11): “[You must remain outside,] while the man to whom you made the loan brings the pledge out to you.” But it is not the manner of a person to bring out other than the worst of his possessions, but for the sake of the social order, they [i.e., the Sages] said that the borrower pays with his middle-range [property, in order that we not shut the door to borrowers.
Rabbeinu Bahya
מיטב שדהו ומיטב כרמו ישלם, “from the best of his field or the best of his vineyard he shall make payment to him (restitution).” The Talmud (Gittin 48) uses this wording to arrive at the general ruling that when compensation is assessed by the court for damages caused willfully or through negligence, the guilty party’s most valuable agricultural property is used. If the court would be content to take comparable produce grown on inferior soil belonging to the party causing the damage this would encourage such a party to openly steal the best quality of produce of his neighbor and have the court replace it with inferior quality from his own field or vineyard. In such cases the guilty party would profit by his crime. In order to discourage a farmer from engaging in this kind of pilfering, the law is slanted in favor of the potential victim so that the potential thief will realize that it will not pay him to steal from his neighbor as the court’s order will soon result in his losing instead of profiting by his crime.
When money is owed by a borrower who has failed to repay it on time, (an interest-free loan) the court assesses average quality of the debtor’s produce to be used to repay his debt.
When a husband has to pay a wife whom he has divorced her marriage settlement, he is entitled to compensate her from the most inferior quality produce which his fields produce. Actually, if we were to proceed strictly according to Biblical law, the borrower would also have to be assessed only to make repayment from his most inferior produce. (They wanted to base this on Deut. 24,11 where the lender is not permitted to enter the borrower’s house to pick himself the kind of security he wants to hold onto until the debt has been paid. It is reasoned that just as in that instance the debtor will surely volunteer only the cheapest of his possessions as a pawn, so here too the Torah would take only from his most inferior produce to satisfy his creditor). However, if the sages had applied this ruling the lenders would have refused to extend loans to impecunious borrowers in the future. In order to forestall such a possibility and to help future borrowers to obtain loans, the sages decided to upgrade the kind of produce from which such a defaulting borrower has to make repayment. The sages also advance a reason based on psychology of women to explain why if her marriage settlement becomes due she is presumed as satisfied with unfavorable conditions. It is presumed that a woman’s desire to be married (and to enjoy that status) is greater than the comparable desire of her husband to marry her (Kidushin 49).
When money is owed by a borrower who has failed to repay it on time, (an interest-free loan) the court assesses average quality of the debtor’s produce to be used to repay his debt.
When a husband has to pay a wife whom he has divorced her marriage settlement, he is entitled to compensate her from the most inferior quality produce which his fields produce. Actually, if we were to proceed strictly according to Biblical law, the borrower would also have to be assessed only to make repayment from his most inferior produce. (They wanted to base this on Deut. 24,11 where the lender is not permitted to enter the borrower’s house to pick himself the kind of security he wants to hold onto until the debt has been paid. It is reasoned that just as in that instance the debtor will surely volunteer only the cheapest of his possessions as a pawn, so here too the Torah would take only from his most inferior produce to satisfy his creditor). However, if the sages had applied this ruling the lenders would have refused to extend loans to impecunious borrowers in the future. In order to forestall such a possibility and to help future borrowers to obtain loans, the sages decided to upgrade the kind of produce from which such a defaulting borrower has to make repayment. The sages also advance a reason based on psychology of women to explain why if her marriage settlement becomes due she is presumed as satisfied with unfavorable conditions. It is presumed that a woman’s desire to be married (and to enjoy that status) is greater than the comparable desire of her husband to marry her (Kidushin 49).
Chizkuni
אם חבול תחבול, “if you have taken as a pledge,” (security for overdue loan) the pawn had been collected by the court’s messenger with the court’s permission. This is clear from Deuteronomy 24,11, where the Torah commands the creditor to remain outside the borrower’s house when collecting or returning it. This is an example of what has been discussed in verse 24: “do not treat him like a creditor.”