Exodus 22:26 - Return the poor's cloak!

Exodus 22:26 - שמות 22:26

Hebrew Text

כִּי הִוא כסותה [כְסוּתוֹ] לְבַדָּהּ הִוא שִׂמְלָתוֹ לְעֹרוֹ בַּמֶּה יִשְׁכָּב וְהָיָה כִּי־יִצְעַק אֵלַי וְשָׁמַעְתִּי כִּי־חַנּוּן אָנִי׃

English Translation

for that is his only covering, it is his garment for his skin: in what shall he sleep? and it shall come to pass, when he cries to me, that I will hear; for I am gracious.

Transliteration

Ki hi ksuto levadah hi simlato le'oro bame yishkav vehaya ki-yitzak elai veshamati ki-chanun ani.

Hebrew Leining Text

כִּ֣י הִ֤וא כְסוּתֹה֙ לְבַדָּ֔הּ הִ֥וא שִׂמְלָת֖וֹ לְעֹר֑וֹ בַּמֶּ֣ה יִשְׁכָּ֔ב וְהָיָה֙ כִּֽי־יִצְעַ֣ק אֵלַ֔י וְשָׁמַעְתִּ֖י כִּֽי־חַנּ֥וּן אָֽנִי׃ {ס}        

Parasha Commentary

Context in Shemot (Exodus 22:26-27)

This verse appears in Parashat Mishpatim, detailing the laws concerning collateral for loans. The Torah prohibits a lender from keeping a poor person's garment overnight if it serves as their only covering, emphasizing compassion and human dignity.

Rashi's Explanation

Rashi (Exodus 22:26) clarifies that the verse refers to a lender taking a garment as collateral. He explains that the phrase "כי היא כסותו" ("for that is his only covering") means the garment is essential for the borrower's basic need—protection from the cold at night. Rashi emphasizes that the Torah requires its return by sunset, as depriving someone of their sole covering would cause undue suffering.

Rambam (Maimonides) on Compassionate Lending

In Hilchot Malveh v'Loveh (Laws of Lending and Borrowing 1:2-3), Rambam derives from this verse that a lender must act with rachmanut (mercy). Even though the lender has a legal right to collateral, the Torah demands sensitivity to the borrower's plight. Rambam rules that if the garment is necessary for the borrower's survival, withholding it violates tzedakah (righteousness) and chessed (kindness).

Midrashic Insight (Mechilta d'Rabbi Yishmael)

The Mechilta connects this law to Hashem's attribute of "חַנּוּן" ("gracious"). Just as Hashem hears the cries of the oppressed ("כי יצעק אלי ושמעתי"), we must emulate His compassion. The Midrash teaches that ignoring a borrower's suffering contradicts the divine model of justice intertwined with mercy.

Halachic Implications (Shulchan Aruch)

  • Choshen Mishpat 97:6 codifies this law, stating that essential items (e.g., bedding or work tools) cannot be held as overnight collateral.
  • The Sefer HaChinuch (Mitzvah 63) highlights this mitzvah as a reminder that financial dealings must uphold human dignity, even in debt collection.

Philosophical Dimension (Rabbi Samson Raphael Hirsch)

Rabbi Hirsch notes that the verse’s conclusion—"כי חנון אני"—ties civil law to divine ethics. By returning the garment, the lender acknowledges that all possessions ultimately belong to Hashem, and human needs supersede contractual rights. This reflects the Torah’s broader principle: דרכיה דרכי נועם ("its ways are ways of pleasantness," Proverbs 3:17).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 115b
The verse is cited in a discussion about the ethical obligation to return a pledged garment to a poor person before nightfall, emphasizing God's compassion and the importance of treating the poor with kindness.

Frequently Asked Questions

Q: What does Exodus 22:26 mean?
A: Exodus 22:26 teaches about compassion and justice in financial dealings. It prohibits taking a poor person's garment as collateral overnight because it is their only covering for warmth. Rashi explains that this mitzvah emphasizes Hashem's mercy—He hears the cries of the oppressed and expects us to act with similar kindness.
Q: Why is returning a poor person's garment by night important?
A: The Torah prioritizes human dignity and basic needs. The Rambam (Hilchos Malveh v'Loveh 3:7) rules that even if the lender legally took the garment as collateral, keeping it overnight violates this mitzvah. The Talmud (Bava Metzia 113b) teaches that ignoring this law causes the lender to forfeit Divine mercy.
Q: How does 'for I am gracious' (כי חנון אני) relate to this law?
A: The Sforno explains that Hashem models the behavior He expects from us. Just as He is gracious (חנון) by listening to cries of the suffering, we must emulate this trait through compassionate actions—like returning essential items to those in need.
Q: Does this verse apply to modern loans or just clothing?
A: While the verse mentions garments, the Sefer HaChinuch (Mitzvah 63) extends the principle to any essential item a person needs for basic living. Today, halacha forbids taking or withholding vital possessions (like a work tool or basic furniture) if it would cause undue hardship.
Q: What lesson can we learn from this verse today?
A: The Midrash (Shemos Rabbah 31:12) connects this to broader social justice: true righteousness means considering others' suffering. The Chofetz Chaim taught that this mitzvah reminds us that financial dealings must never override basic human compassion—a timeless lesson for all interpersonal relationships.

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