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7.3 Pledge
The two possible forms of security for loans are the possessory pledge,
which the borrower gives the lender at the time of the loan, and
the hypothecary pledge, which remains in the borrower’s possession
unless he defaults on the loan. The term ̇abol, “pledge,” refers to
the object seized at default; 'abo†refers to the loan equivalent. Neither
term designates a possessory pledge.7.3.1 Judah offers the disguised Tamar an 'erabon that he will pay
her for her sexual services (Gen. 38:17–18). 'erabon (which passes into
Greek as arrabòn) is a technical term for security given by the pur-
chaser on credit and forfeitable if payment is not made.7.3.2 Almost anything could be used as a pledge. Very poor people
might pledge the cloak on their backs. The laws try to protect debtors
from extreme consequences. Creditors could not come into a man’s
house to collect a pledge (as in default of the loan); they had to
stand outside and wait for the debtor to bring the pledge out (Deut.
14:10). Milling equipment, which provided life’s basic necessities,
could not be pledged (Deut. 24:6).7.3.3 A widow’s garment could not be taken in pledge (Deut. 24:17).
A man’s could, but his (the poor man’s only garment) was to be
returned at sunset (Exod. 22:25; Deut. 24:12). The creditor was not
to lie down on the cloak at night (Deut. 24:12), even though the
creditor himself might not be rich and might have use for a second
cloak. The sanctions are divine (Exod. 22:27; Deut. 24:12–13). Amos
complains that people “stretch themselves out at every altar on gar-
ments taken in pledge” (Amos 2:8). The writer in the letter from Meßad
Ha“avyahu pleads to a local authority to return his cloak, for his
supervisor came at harvest and took his garment and has not returned
it, even though the writer was entirely innocent and free of any
claim (niqqiti). He asks the local authority to make him give it back.7.3.4 Foreclosure
Ultimately, should the debt remain, the creditor could seize all the
debtor’s property (Ps. 109:11–12). The prophets decry the formation
of large estates through foreclosure of debts or forcing of distress
sales to pay the debts. This process may have begun early, for Judgeswestbrook_f27-975-1046 8/27/03 1:36 PM Page 1022