1)

Having taught us the Din of returning a security in Shemos 22:25, why does the Torah repeat it here?

1.

Rashi: Whereas the Pasuk there discussed a day garment (which must be returned in the early morning), the Pasuk here is discussing a night garment 1 (which must be returned before nightfall).


1

As is evident from the Pasuk itself. See also Torah Temiah citing Bava Meetzi'a 114b and note 129.

2)

Why does the Torah insert the double Lashon "Hasheiv Tashiv"?

1.

Bava Metzi'a, 31b: To teach us that the Din of returning the Mashkon extends to one that the creditor received directly from the borrower, not via a Shali'ach Beis-Din. 1


1

See Torah Temmah, note 126.

3)

What are the implications of the word "Hasheiv Tashiv lo"?

1.

Rashi (in Bava Metzi'a, 113a): It implies "Hasheiv Tashiv lo", 've'Lo le'Yorshav' - In the event that the debtor dies, the creditor is not obligated to return the Mashkon to his heirs. 1


1

See Torah Temmah, note 128.

4)

Having written "u'Veracheka", why does the Torah need to add "u'Lecha Tih'yeh Tzedakah"?

1.

Rashi: To inform us that even if the debtor does not bless the creditor, it will nevertheless be considered an act of Tzedakah (for which the creditor will be amply rewarded). 1

2.

Bava Metzi'a, 82a: To teach us that the creditor aquires the Mashkon 2 - otherwise, returning it would not be considered Tzedakah.


1

See Torah Temimah, note 130.

2

See Torah Temimah, note 131.

5)

Seeing as the creditor will receive his reward even if the debtor does not bless him, why does the Torah insert the word "u'Veracheka"?

1.

Rosh (15:10): To teach the creditor that, not only will he not lose out by returning the garment each night, but he will even earn a Berachah. 1

2.

Sifri: To teach the debtor that it is a Mitzvah to bless the creditor for returning him his security each night. 2


1

The Rosh said 'this is like "bi'Gelal ha'Davar ha'Zeh Yevarechecha" - in Re'eh 15:10. Perhaps he will explain that also here, Hashem will bless you! (PF)

2

See also Torah Temimah, Shemos, 22:22 DH 'Im Tza'ok Yitz'ak'.

6)

Seeing as the creditor is obligated to return the security each night, why does the Pasuk refer to it as "Tzedakah"?

1.

Bava Metzi'a, 82a: We learn from here that a creditor actually acquires the security that Beis-Din claim on his behalf 1 , and that when he therefore returns it each night or each morning, he is performing an act of Tzedakah.


1

Refer to 24:13:151:1-2.

7)

Why does the Torah add (the otherwise superfluous) words "u'Lecha Tih'yeh Tzedakah Lifnei Hashem Elokecha"?

1.

Sifri: To teach us that Tzedakah rises to before the Kisei ha'Kavod. 1


1

See Torah Temimah, note 130.

8)

How can the Gemara in Bava Metzi'a, 82a infer from the fact that ithe Torah calls it 'Tzedakah', that a creditor acquires the security? Perhaps he does not acquire it, and the Torah calls it Tzedakah because he returns the security and trusts the borrower to pay?

1.

Moshav Zekenim #1 and Tosfos (Kidushin 8b DH 'Tzedakah') #1: The Gemara actually learns it from the word "u'Veracheka", since, were it not for the fact that the Mashkon belonged to the creditor, the borrower would not be allowed to bless him, since it would be Ribis Devarim.

2.

Moshav Zekenim #2 and Tosfos (Kidushin 8b 'Tzedakah') #2: Some commentaries explain that it is because Tzedakah only applies to something that one gives from one's own property.

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