-  Prohibition

59

Do not to take the pledge using force from the debtor

 

 “Do not go into his house to fetch his pledge” Devarim 24:10

He is only to take the pledge through the court.

Even the courts representative who comes to remove it may not to enter his house to collect the pledge rather he must stand outside.

As it says 24:11 “you shall stand outside”

The borrower is to go into his house and bring out the pledge to him.

As it says “the man to whom you did lend shall bring forth the pledge out to you “

 

A guarantor can take the pledged object using force and go into the house and take the pledge

As it says “take his garment for he has given surety for a stranger” Proverbs 20:16

 

Similarly, if someone is owed remuneration by his fellow man, whether wages for labour, payment for hire of his animal, tools or his house-

He is permitted to take the pledge without the intervention of the courts.

He may enter the others house and take an article in pledge for his payment.

However, if he converted the fee due to him into a loan then it is forbidden.

 

This applies in every place and time for both men and women

Do not to take the pledge using force from the debtor