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Profundities of Torah: Mishpatim - Loans |
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Written by Rabbi Yochanan Zweig
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 Im kesef talveh - (if/when you will lend money)....... (Exodus 22:24). Rashi (ad loc.) quotes the Mechilta: Rabbi Yishmoel says, "Every 'im' (if/when) found in the Torah refers
to a voluntary act except in three cases. This Mitzvah (loaning money) is one of those exceptions." Why doesn't the Torah utilize terminology to indicate that one is directly commanded to lend money?
The Talmud (Tractate Kiddushin 40a) differentiates between a "good" Tzaddik (righteous person) & a "not good" Tzaddik. The "good" Tzaddik is one who is "good" vis-à-vis both heavenly & interpersonal obligations. The "not good" Tzaddik is only good vis-à-vis heaven but not so towards his fellow man. The Talmud goes on to explain that a "bad" Rosho (wicked person) is one who is bad towards both heaven & his fellow man. If so, how can we call the former a Tzaddik at all? Dispensing with the Talmud's description of the bad Rosho, how can one who doesn't keep the vast body of interpersonal Mitzvohs be depicted as a Tzaddik whatsoever??
The Rosh HaYeshiva, Harav Yochanan Zweig suggests the following explanation. It goes without saying that the "not good" Tzaddik is one who fulfills everything. However, his deficiency is that he keeps interpersonal commandments solely because G-d has directed him to do so, NOT because he cares about his fellow man. By using the word "im" (if/when), the Torah is teaching that when it comes to helping our fellow man - despite our heavenly obligation - we must work on sensing that it is something that we must want to do. We must develop & inculcate a desire to care for another.
One of the reasons a special blessing was not instituted for the giving of charity is to ensure that the recipient will not assume the donor doesn't really care about him. If the donor would first make a blessing he implies that his main aim is to fulfill G-d's commandment rather than assisting another.
Why is this concept revealed by the specific interpersonal commandment of loaning money? An intrinsic aspect of making a loan is the focusing on another's needs. In contrast, the giving of charity places the recipient into a position of need. A loan possesses no such downside. The lender displays respect for the borrower through his implied trust that he'll be repaid. The recipient is also afforded the opportunity to earn that trust through his eventual repayment.
A loan also lacks the personal gratification of charity. Giving charity enables one to feel good, at the very least by displaying one's magnanimity. On the other hand if the loan isn't repaid, the lender is left empty handed. His generosity is paid back with a feeling of being had. Perforce, lending achieves a greater level of kindness as it ultimately benefits only the recipient.
In order that we may perceive that the main focus of its interpersonal laws (which makes up most of the Portion of Mishpatim) is to inculcate a sense of caring for the other, the Torah structured specifically the Mitzvah of loaning money to imply that it was voluntary. This Mitzvah of selfless concern for another serves as the paradigm for all interpersonal obligations.
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