Bava Metzia 114: Seizing Collateral from Those Who are Poor

The rabbis look at the gezera shava, the verbal analogy, between the "poor" debtor and a person who has been evaluated as "poor".  They compare verses regarding both vows and valuations in this light. In which situations must collateral payments be returned?  How do we evaluate the worth of a person if that person has nothing?  What if a person becomes rich over time?  When and by whom are arrangements made for his payment?  The rabbis consider returning one's collateral to a debtor at different times of day under different circumstances.

We learn that if a person vows to consecrate the value of their hand or foot, we see that as nothing because it is impossible to evaluate.  If a person offers their heart, lungs, or another organ essential for life, that is evaluated at the cost of their entire body, which will never be claimed, either.   The rabbis discuss some differences between consecrated items and regular items when it comes to returning those items to the debtor.

One of the processes that we learn from Steinsalz's notes is about "making arrangements".  When a poor debtor's collateral is seized at the end of thirty days, he is told to bring from his home all of his movable property and utensils, and his food preparation tools.  He is given enough food for thirty days, enough clothing for one year, a bed, blankets, and other things that help him to sleep.  If he is a craftsperson, he is also given two of his tools.  Thus even in dire situations, a person is not left destitute.  There is a legislated obligation to provide for the basic needs of each person in debt.

We learn that Rabba bar Avuh found Eliyahu standing in a Gentile cemetery.  He asked about the halachot pertaining to these questions and that prohibiting nakedness when separating teruma.  Rabbi bar Avuh then asks Eliyahu why he is standing in a Gentile cemetery, and the answer suggests that Gentiles are different from Jews; they are not "men".  Our notes teach about the rabbis' interpretations of this comment.  It is suggested that this points to the laws of ritual impurity which do not apply to and therefore hinder Gentiles.  

Finally Rabba bar Avuh tells Eliyahu that he does not have enough money to learn properly because he must work.  He is told to take leaves from Gan Eden, but then hears a voice and drops the leaves.  The aroma of the leaves on his cloak allows him to sell it for 12000 dinars when he returns home. However, he gives that money to his sons-in-law as he sees that money as being subtracted from his share in the world-to-come.

Discussing Deuteronomy (24:12), the rabbis want to understand why one is permitted to lie down with the collateral of a wealthy person but not with that of a poor person.  A number of different rabbis share different possible interpretations.  Most of these interpretations help us to understand that poor people should be treated with compassion.  There is acknowledgement of the hardships faced by those who are poor.