To not prevent surety from its needy owner: That we have been warned not to hold back the surety from its owner at the time that he needs it, but rather to return it to him — a vessel for the day during the day, and a vessel for the night during the night. And about this is it stated (Deuteronomy 24:12), “you shall not go to sleep in his pledge.” And the language of Sifrei is “Do not go to sleep when the pledge is with you, but rather return it when he will not have with what to replace it, from the weakness of his poverty” — as the verse (Exodus 22:26) explains, “It is his only clothing, the sole covering for his skin.”
I have written the whole content of this commandment in its positive commandment (Sefer HaChinukh 587) of “You must return the pledge to him” in this Order. And one who transgresses this and does not return the surety to the needy man when he needs it has violated this negative commandment. But we do not give lashes for it, as it is a negative commandment that does not have an act [involved] with it.
שֶׁלֹּא לִמְנֹעַ הַמַּשְׁכּוֹן מִבְּעָלָיו הֶעָנִי – שֶׁהֻזְהַרְנוּ שֶׁלֹּא לִמְנֹעַ הַמַּשְׁכּוֹן מִבְּעָלָיו בְּעֵת שֶׁהוּא צָרִיךְ אֵלָיו, אֶלָּא שֶׁנָּשִׁיב לוֹ כְּלֵי יוֹם בַּיּוֹם וּכְלֵי לַיְלָה בַּלַּיְלָה, וְעַל זֶה נֶאֱמַר (דברים כד יב) לֹא תִשְׁכַּב בַּעֲבֹטוֹ. וּלְשׁוֹן סִפְרֵי, לֹא תִשְׁכַּב וַעֲבוֹטוֹ אֶצְלְךָ, אֶלָּא תַּחְזִירֵהוּ לוֹ כְּשֶׁלֹּא יִהְיֶה לוֹ בַּמֶּה יַחְלִיפֶנּוּ לְחֻלְשַׁת עִנְיָנוֹ (עֲנִיּוּתוֹ), כְּמוֹ שֶׁבֵּאֵר הַכָּתוּב כִּי הוּא כְּסוּתֹהּ לְבַדָּהּ, הִיא שִׂמְלָתוֹ לְעוֹרוֹ וְגוֹ' (שמות כב, כו).
To not prevent surety from its needy owner: That we have been warned not to hold back the surety from its owner at the time that he needs it, but rather to return it to him — a vessel for the day during the day, and a vessel for the night during the night. And about this is it stated (Deuteronomy 24:12), “you shall not go to sleep in his pledge.” And the language of Sifrei is “Do not go to sleep when the pledge is with you, but rather return it when he will not have with what to replace it, from the weakness of his poverty” — as the verse (Exodus 22:26) explains, “It is his only clothing, the sole covering for his skin.”
כָּל עִנְיַן מִצְוָה זוֹ, כְּתַבְתִּיו בְּמִצְוַת עֲשֵׂה שֶׁלּוֹ (מצוה תקפז) דְּהָשֵׁב תָּשִׁיב לוֹ אֶת הַעֲבוֹט שֶׁבְּסֵדֶר זֶה. וְהָעוֹבֵר עַל זֶה וְלֹא הֶחְזִיר הַמַּשְׁכּוֹן לְעָנִי בְּעֵת שֶׁצָּרִיךְ לוֹ עָבַר עַל לָאו זֶה, אֲבָל אֵין לוֹקִין עָלָיו, לְפִי שֶׁהוּא לָאו שֶׁאֵין בּוֹ מַעֲשֶׂה.
I have written the whole content of this commandment in its positive commandment (Sefer HaChinukh 587) of “You must return the pledge to him” in this Order. And one who transgresses this and does not return the surety to the needy man when he needs it has violated this negative commandment. But we do not give lashes for it, as it is a negative commandment that does not have an act [involved] with it.