C4
Dealing Harshly When Lending Money or Collecting Debts

C4

We are not to deal harshly when lending or while collecting debts.

Category: Commerce

Type: Negative

Form: Explicit

Source dataset: Old Testament

Uniqueness: Not unique

Classical commandment: Yes

New Covenant Literal Application

Applies to Person Categories: Not specified

Literal Application: Not specified

More explanation about New Covenant Literal Application

The New Covenant Literal Application Code (NCLA) is an interpretive guide used by the authors to indicate which person categories a mitzvah applies to, and at what level of literal compliance.

It combines person categories such as Jewish, K'rov Yisrael, and Gentile, together with male/female distinctions and an application level such as mandated, recommended, optional, or prohibited.

This code reflects the authors' interpretive opinion and is provided for prayerful consideration. On this page, the technical code is summarized into plain language to help new readers understand it more easily.

Read the full explanation from the source

Bible references

Key OT Scriptures
  • Deuteronomy 15:3
  • Deuteronomy 15:9
  • Deuteronomy 23:21
  • Deuteronomy 24:6
  • Deuteronomy 24:10-13
  • Deuteronomy 24:17
  • Exodus 22:24
  • Exodus 22:25-26

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Commentary

Rabbi Michael Rudolph

The first thing to notice is that one should not consider himself a creditor when one lends money to a poor brother ( Exodus 24(25) ). Scripture establishes a different standard when the loan is to a brother Jew and especially if it is for compassionate reasons. This is clear in the Scriptures that deny interest to the lender and limit his collection options. Notice also that the lender is to treat the borrower so as to preserve both his safety and dignity, as we see in Deuteronomy 24:10-13 which prohibits the lender from entering the borrower's house to remove collateral, and requires that the lender return needed collateral to him at night. Notice also that importance is given to maintaining the borrower's good relationship with the lender and his having gratitude for the lender's compassion in having concern for his welfare. The lender has no recourse of collection against a brother for a debt which the brother is unable to pay, but such is not the case with a loan made to a foreigner. In making a loan to a foreigner, interest may be charged and collection means employed if the loan is defaulted upon. Nevertheless, compassionate justice is due everyone, including the foreigner, so the overall torah of this Mitzvah is that we are not to deal harshly or unreasonably when lending money, or collecting debts from anyone. As with other mitzvot , that date back to the Mosaic period, the foreigner or stranger was the Gentile who was not part of the camp of Israel, and was most likely an idol-worshipper. With the New Covenant, Gentile believers in Yeshua become brothers and members of the commonwealth (national life) of Israel through grafting into the olive tree ( Romans 11:17 ; Ephesians 2:12 ), so this mitzvah and others like it should apply to them as though they are Jews. It is fairly easy to apply this Mitzvah when a loan is made by and individual to an individual. However, in this day and age, many loans are not personal but rather corporate, and in such case the Mitzvah is difficult to apply. Consider, for example, the plight of a Jewish bank officer who facilitates his bank's loan to another Jew and, when the loan is defaulted upon, called to foreclose on the borrower's house in order to collect the loan. Since the bank officer does not own the loan and is duty bound to represent his employer's interest, it is my opinion that he can participate in the foreclosure after making every effort to help the borrower solve his financial difficulty.

Classical commentators

Interestingly, both Maimonides and HaChinuch, in their respective mitzvot , go beyond what Deuteronomy 15:3 and says. They construe these verses as positive commandments requiring that interest be charged to idol-worshippers and that the collection of their debts be pursued rigorously even if means of pressure are required. This is in contrast to the mercy and compassion that is must be shown when dealing similarly with Jews, the logic, expressed by HaChinuch being, that we should not provide idolaters with advantages lest we promote their ways and be drawn into them. Maimonides actually says that is in order to harm them. Meir does not deal with Deuteronomy 15:3 at all, and I do not believe that following Maimonides' and HaChinuch's emphasis of harshness toward unbelievers or even idolaters is in keeping with the New Covenant's commandments that we attempt to lead them to Messiah and win their souls for God.


Copyright © Michael Rudolph and Daniel C. Juster, The Law of Messiah, Torah from a New Covenant Perspective, Volume 1 & 2

Classical sources

Maimonides

Maimonides (Rabbi Moshe ben Maimon, 12th century) organized all 613 Torah commandments into a structured list. These linked items show where this Law of Messiah commandment overlaps with that classical framework.

Meir of Rothenburg

Rabbi Meir of Rothenburg (13th century, Germany) was a leading Talmudic authority. These reference numbers link this commandment to his halachic rulings.

MN52, MN61, MN56, MN58, MN59, MN60

Source and License

Based on The Law of Messiah - Torah from a New Covenant Perspective by Michael Rudolph and Daniel C. Juster.

Volume 1 & 2 | Volume 3

License: CC BY-ND 4.0 (Attribution required, NoDerivatives). CC BY-ND 4.0

Disclaimer: the original content is authored by Rabbi Michael Rudolph and Rabbi Daniel Juster; additional notes or implementation details on this website are not part of their original work and do not represent their views.

Record source: The Law of Messiah - Torah from a New Covenant Perspective - Volume 1 & 2

Copyright note: Copyright © Michael Rudolph and Daniel C. Juster, The Law of Messiah, Torah from a New Covenant Perspective, Volume 1 & 2