Wednesday, June 18, 2008

Taking collateral from a widow or divorced woman

Hi,

One may not take collateral from a widow, as noted in the Torah (Devarim 24:17).

There is some debate as to whether this is because of her historically unprotected socioeconomic status, or because of the emotional pain she has endured. According to the former view, the law of not taking collateral extends to taking collateral from a divorced woman as well.

(Shulchan Aruch Choshen Mishpat 97:14; Sefer Meirat Einayim to Choshen Mishpat 97:22; Shach to Choshen Mishpat 97:1)

Have a great day,
Mordechai

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