Thursday 25 July 2019

Temura 6: The Example of Returning a Pledge

We continue to explore examples related to the argument between Abaye and Rava.  Abaye believes that a punishment for transgression of a forbidden act allows the act to take effect.  Rava states that the performance of a forbidden action will preclude the action from having any meaning.

Included in today's list of forbidden acts which either support Abaye or Rava's positions is the case of taking a mashkon, pledge or collateral, for a loan.  The Gemara notes that for one who has taken the pledge, "You shall not go into his house to fetch his pledge" (Devarim 24:10).  It goes on to state that 'He - the creditor - returns the mattress at night and the plow in the day'.  The law applies here regardless of whether or not the court has been involved. 

The Gemara says that this supports Abaye, for the prohibited act is valid - otherwise the pledge would not be the creditor's at all and timing of restoring the pledge would not be an issue.  Rava retorts that the language of the Torah suggests that pledges are returned as necessary.  However, this would also imply that the forbidden action does take effect.

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