"Ba'Chutz Ta'amod". To whom is the Torah speaking?
Bava Metzi'a, 113a: "Ba'Chutz Ta'amod ? ve'ha'Ish" teaches us that the Torah is speaking (also) to the Shali'ach Beis-Din who is coming to claim the debt from the borrower on behalf of the creditor, after the debt has expired. 1
Targum Yonasan: The Torah is speaking to the creditor himself.
At the time of the loan however, the creditor is permitted to enter the debtor's house to take a security ? with the debtor's permission - Malbim: Since he has the option of not lending the debtor without a security.
Having written "Lo Savo el Beiso ... ", why does the Torah add "ba'Chutz Ta'amod"?
Sifri: To teach us that the Shali'ach Beis-Din is not even permitted to enter the debtor's house and wait there for the debtor to bring him a Mashkon. 1
See Torah Temimah, note 117.
Having written "ba'Chutz Ta'amod", why does the Torah need to add "ve'ha'Ish asher Atah Nosheh bo ... "?
Bava Metzi'a, 113a #1: In order to Darshen "ba'Chutz Ta'amod ve'ha'Ish". 1
Sifri: To teach us that the prohibition against the creditor demandng a Mashkon applies even in the street. 2
Why does the Torah forbid the creditor to enter the debtor's house to take the security?
Gitin 50a: Because the onus lies on the borrower to give whatever security he chooses. Presumably, he will give something inferior 1 - and we therefore extrapolate from here that a creditor collects his debt from Ziburis 2 (inferior quality land). 3
Whereas if the creditor would collect the security, he would presumably choose the best-quality Metalt'lin.
Only the Chachamim decreed that he may claim from Beinonis (middle-quality land) in order 'Not to close the door on debtors' - to whom creditors will refuse to lend if they stand to be repaid with Ziburis. See Torah Temimah, note 121.
See Torah Temimah, nmote 121. Ran (in GItin, Ibid): All Metaltelim are considered Idis (highest quality) since they can be sold anywhere! However here, the debtor is not repaying the loan, but merely giving a security.
