1)

Having written "ba'Chutz Ta'amod", why does the Torah need to add "ve'ha'Ish asher Atah Nosheh bo ... "?

1.

Bava Metzi'a, 113a #1: In order to Darshen "ba'Chutz Ta'amod ve'ha'Ish"


1

Sifri: And "ba'Chutz Ta'amod" teches us that he is not permitted to enter the debtor's house even to wait for the debtor to choose a Mashkon and hand it to him. See Torah Temimah, note 117.

2)

Why does the Torah forbid the creditor to enter the debtor's house to take the security?

1.

Gitin 50a: Because the onus lies on the borrower to give whatever security he chooses. Presumably, he will give something inferior 1 - and we therefore extrapolate from here that a creditor collects his debt from Ziburis 2 (inferior quality land). 3


1

Whereas if the creditor would collect the security, he would presumably choose the best-quality Metalt'lin.

2

Only the Chachamim decreed that he may claim from Beinonis (middle-quality land) in order 'Not to close the door on debtors' - to whom creditors will refuse to lend if they stand to be repaid with Ziburis. See Torah Temimah, note 121.

3

See Torah Temimah, nmote 121. Ran (in GItin, Ibid): All Metaltelim are considered Idis (highest quality) since they can be sold anywhere! However here, the debtor is not repaying the loan, but merely giving a security.

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