Positive Commandment 199 (Digest)
Making Collateral Available to the Debtor when Needed
"As the sun sets, you shall surely return the pledge to him"—Deuteronomy 24:13.
A creditor is commanded to return a debt collateral to its Jewish owner when he is in need of it. If the collateral is an item he needs during the daytime – e.g., the tools of his trade or an article of clothing – the creditor must return it to the debtor every day, and only take possession of it during the nighttime. If the collateral is an item needed by night – e.g., linens, blankets or pajamas – he must return it at night and only take possession of it again in the morning.
The 199th mitzvah is that we are commanded to return a security deposit to its Jewish owner when he needs it. If the objects are needed during the day, such as tools he works with, you must give them to him during the day and hold them only at night. If they are needed at night, such as a mat and blanket for sleeping, you must give them to him during the night and hold them only during the day.
In the words of the Mechilta: "The verse, 'You must return it to him before sunrise' refers to a garment worn during the day, which you give to him for the entire day. What is the source for the law that a garment worn at night must be given to him for the entire night? The verse, 'Return the security to him before the sun sets.' " Therefore our Sages said, "A day garment may be held at night and a night garment held during the day; the day garment is returned for the day and the night garment for the night."
It has already been explained in tractate Makkos that the verse "[When you make any kind of loan to your neighbor,] do not go into his house to take something as security" is a lav she'nitak l'aseh (a prohibition with a remedial positive commandment) — the positive command being "Return the security to him." In the words of the Sifri: "The verse 'Return [the security to him]' teaches that an article that is used during the day must be returned for the day, and one used at night for the night. A quilt is returned for the night and a plow for the day."
The details of this mitzvah are explained in the 9th chapter of tractate Bava Metzia.
Negative Commandment 240 (Digest)
Withholding Collateral from the Debtor when it's Needed
"You shall not sleep while holding his security"—Deuteronomy 24:12.
It is forbidden for a creditor to withhold a debt's collateral from its owner, the debtor, when he cannot do without it due to his poverty (see Positive Commandment 199). Rather he must return the collateral to him—an item used during the daytime must be returned for the duration of every day, and an item used at night must be returned for the duration of every night. As the Mishnah says, "He must return the pillow at night and the plow for the day."
The 240th prohibition is that we are forbidden from holding someone's security deposit during the time that he needs it. An article which is used during the day must be returned for the day, and one used at night for the night, as the Mishneh says, "A pillow is returned for the night and a plow for the day."
The source of this prohibition is G‑d's statement (exalted be He), "you may not go to sleep with his security." The Sifri explains, "[The verse means] 'you may not go to sleep with his security' in your possession." Instead, anything which he cannot replace due to his poverty must be returned to him, as explained in the verse, "[If you take your neighbor's garment as security, you must return it to him before sunset.] This alone is his covering, the garment for his skin."
The details of this mitzvah are explained in the 9th chapter of tractate Bava Metzia.
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