דברים, פרק כ״ד, פסוק י״ב

When a debt is secured by collateral, the law carefully balances the rights of the lender with the basic human needs of the borrower. A lender who holds an essential item as a pledge faces strict moral and legal duties regarding its return.

The primary approach among commentators is that poverty in this context is relative. A person is considered poor if they lack a replacement item similar to the one given as collateral [רמב״ן, הטור הארוך, ביאור יש״ר]. If the borrower owned two identical items, the lender could simply hold onto one and leave the other. Therefore, this law applies even to a wealthy individual who owns land and assets, provided they lack alternative movable property to serve as a pledge [תורה תמימה, חזקוני]. Even if the borrower is not entirely destitute, the obligation remains in effect [נתינה לגר]. The poor are specifically highlighted to teach that God is quicker to punish for the suffering of a poor person than a rich one, as the poor suffer much more deeply when deprived of their belongings.

The instruction regarding sleep is not a physical restriction against sleeping inside or on top of the pledged item. Rather, the primary approach among commentators is that it forbids the lender from keeping the collateral overnight. A creditor must not go to sleep while the borrower's pledge remains in their possession [רש״י, רשב״ם, מזרחי, מלבי״ם, ביאור יש״ר]. Several commentators point out that there is no need for a specific warning against actually using the pledge, as such use is already prohibited under the laws of theft or forbidden interest [שפתי חכמים, משכיל לדוד, רלב״ג, תורה תמימה]. However, an exceptional view suggests that the lender is permitted to use the item, yet is still forbidden to go to sleep while holding onto it [ביאור שטיינזלץ]. Furthermore, the nature of the pledge implies that it was given willingly or by a court order, rather than being seized by force in the street [מלבי״ם].

In practical terms, this law often applies to a night garment used for sleeping. The lender is obligated to return it every evening at sunset so the borrower can sleep comfortably. Conversely, if the pledge is a daytime item, such as work clothes or tools, the lender must return it to the borrower every morning [מזרחי, מלבי״ם, רלב״ג, רש״ר הירש]. This daily obligation applies only to collateral collected after the loan was already issued, rather than a pledge given at the exact time the loan was made [רלב״ג].

Beyond the practical rules, there is a profound psychological and moral dimension to this process. The prohibition against sleeping can be understood as a deliberate lack of rest for the lender, who must go out of their way to return the item every morning and evening without gaining any obvious practical benefit [שפתי כהן]. The Torah designed this demanding mechanism so that each time the lender returns the pledge, it is counted as fulfilling the commandment of charity. From a legal standpoint, the lender has acquired a certain level of ownership over the collateral to secure the debt. Therefore, handing it back daily is not merely a technical requirement, but a genuine act of kindness and charity with an item that legally belongs to the creditor [רש״ר הירש].