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04-08-2010
Title:
Negative Commandment #59

Message:
Sefer Ha’mitzvos Ha’Katzar (The concise book of mitzvos)
By the Chofetz Chaim

This book lists the Torah mitzvos that can be observed today

Second Section – the Negative Commandments

59. It is a negative commandment "do not take a security object by force."

As it states in Devarim (Deuteronomy) 24:10, "you shall not come into his house to take his security." The lender is not allowed to take security except through the court. Even a messenger from the court that comes for the security is not allowed to enter into the house, but should wait outside, as it states in Devarim 24:11, "he shall stand outside." The borrower is to enter the house and return with the security, as it states in Devarim 24:11, "the man that received the loan will bring the security outside to you." The law regarding a co-signer is that it is permissible to take the security by force from a co-signer and to enter his house, as it states in Mishlei (Proverbs) 27:13, "take his clothing because he is a co-signer for a stranger." Also, he who has money by his friend, if it is either wages for his work or wages for his animal, garments, or house, it is permissible to take it from him without permission of the court, or to enter his house and take by force his wages. If he has converted the fee due to him into a loan for the other to pay, it is forbidden.

This applies in all places and at all times, for men and for women.

   
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