Parshas Bo 5786
- Torah Tavlin
- 4 hours ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (62)
Laws of Halva’ah (Loans) (cont). The mitzvah of halva’ah is not just with money (1), but also with items that are used once and a different item is returned in its place, like food or disposables. However, an item that is returned like a lawnmower, is not the specific mitzvah of halva’ah but rather the general mitzvah of chessed and has some halachic differences. Certainly if one lends seforim, it is a great merit about which it states (2) “His charity [merit] will last forever” as explained in the Gemara (3).
Small Payments. The Gemara (4) says that if one borrows 100 zuz and pays back one zuz at a time, it is called a payment, but the lender has a legitimate gripe because when money is given back in small amounts it gets spent on trivialities, as compared to a large lump sum which is saved for important things. From here the Chofetz Chaim (5) says that one is not obligated to lend if that is the only way to get paid. Going beyond the letter of the law and out of brotherhood, it is preferable to even lend in such a case.
Statement to Lend. If one assures someone else that he will lend him money, he may not back out even if it was only a verbal commitment. Since it is a mitzvah to lend, it is like a kabbalah lidvar mitzvah for which one is not permitted to back out (6). The Ran (7) explains that this is based on the following din (8): If one says he will do something it is not an oath unless he says “I swear” or “I promise.” If he says, “I will give $100 to charity,” it is considered a promise/oath and he cannot back out. This goes for any mitzvah. In Nesiv Hachesed (9) he explains that this goes only for a poor person, long or short-term loan, or a not poor person for a short-term loan. However, if the person is not poor and needs a long-term loan, there is no specific mitzvah to lend him, just the general mitzvah of chessed on which a statement is not a neder. Still one should keep his word and not back out if another is counting on him. If a more important loan to a more needy person comes up, many hold that he could back out (10). If he says he will start a GMACH or set aside money for it, he cannot back out.
(1) ספר אהבת חסד א:ב (2) תהלים קיב:ג (3) כתובות נ. (4) בבא מציעא עז: (5) אהבת חסד א:י (6) שו"ע יו"ד ריג:א,ב (7) נדרים ח. (8) ר"ה ו. (9) נתיב החסד א:יח (01) שו"ת חתם סופר חו"מ ק"ב, וכן משכ' ביו"ד רס"ד