Seeing as extending a loan to a poor man is a Mitzvah, why does the Torah insert the word "Im Kesef Talveh ... "?
Targum Onkelos and Targum Yonasan: Refer to 21:30:1:2. Similarly here, the Torah is stating that in the event that one lends a poor man money, one may not behave like a creditor or lend him on interest. 2
Seforno: Because the Torah is discussing a situation of "Ki Lo Yechdal Evyon mi'Kerev ha'Aretz" (Re'i Devarim; 15:11), but not one of "Efes ki Lo Yih'yeh b'cha Evyon" (Ibid., 15:4).
Rosh (citing R. Yehudah of Paris, Da'as Zekenim, Hadar Zekenim and Riva (all citing R. Yehudah ha'Chasid): Sometimes there is no obligation to lend a poor man money - where he is known to borrow and not to repay the loan.
Oznayim la'Torah: Because Parshas Mishpatim deals with money that can be claimed in Beis-Din, whereas Tzedakah belongs to Parshas Re'ei, which deals with similar matters. And the Torah only mentions it her to teach us that, if one does lend money, one should do so freee of interest.
Mechilta: Because basically, lending a person in need is an obligation, as the Torah writes in Devarim 15:8 Ha'avet Ta'avitenu" See also Ibn Ezra. Riva: The other two Chiyuvim about which the Torah writes "Im" - Refer to 20:22:1:1 - is because the Chiyuv there only applies whilst the Beis-Hamikdash is standing..
What are the implicatins of the word "Im Kesef Talveh ..."?
Rashi (in Avodah Zarah, 2a): It implies that the Isur of Ribis is confined to money, which the borrower spends - and returns other money back to the creditor - buut does not apply to borrowed articles which one returns intact to the owner. 1
See Torah Temimah, note 198, who elaborates. See also Torah Temimah, citing the Mechilta, which learns it from "Im Kesef Talveh", and note 199, who elaborates.
Why does the Torah insert the words "Ami" and Imach"? Why does it not simply write "Im Kesef Talveh Ani"?
Rashi #1: To teach us the order of priorities of giving loans - 1. To a fellow-Jew; 2. To one who is poor; 3. To one who is with you (in the same town). 1
Rashi #2: The Torah writes "Ami" to indicate that when giving a loan to a fellow-Jew, one should bear in mind that he is one of yours and not give contemptuously, and "Imach" to teach us that when lending to a poor man, one should consider oneself to be poor.
Hadar Zekenim (citing the Tanchuma): We read "Es Ami" as if it had written "At Imi" (You are with Me) - One who lends an Oni merits to enter the boundaries of Hashem's abode.
Divrei Eliyahu: The Torah writes "Es Ami" to hint that a loan should take place in front of witnesses (to prevent the borrower from denying it); and it writes "Es he'Ani Imach", to hint that Tzedakah should not be given in front of others (to avoid shaming the Ani).
Oznayim la'Torah: "Ami" refers to a total Ani, 2 who has nothing, neither where he lives nor in any other location, neither now, nor later, in the form of a debt that is owed to him or from other source; whereas ""he'Ani Imach" refer to someone who is currently poor, but who either has money in another location or who has money coming to him at a later date. The Torah here is giving precedence to the former, who will find it much more difficult to obtain a loan.
What are the connotations of "Lo Sih'yeh lo ke'Nosheh"?
Rashi #1: It means that one should not demand payment from the borrower if one knows that he doesn't have the funds to pay. 1
Rashi #2 (in Bava Netzi'za, 75b): It means that one should not appear to him like a creditor - in a way that embarasses him'.
Ramban, Targum Onkelos and Targum Yonasan: "Nosheh" is another word for 'creditor'; what the Torah therefore means is that one should not treat him as a creditor - who is a master to the debtor. 2
Rashbam: It means that, when the payment falls due, one should not coerce the debtor to pay by taking a security from him. 3
Bava Metzi'a, 75b: In fact, one should in no way (embarrass him by) behaving towards him as if he owes one money, even by merely passing in front of him. See Torah Temimah, note 201, who elaborates.
As the Pasuk says in Mishlei (22:7) "Eved Loveh le'Ish Malveh" (Ramban).
Rashbam: As we find in Melachim 2, 4:1.
What are the connotatons of "Lo Sesimun alav Neshech"?
Targum Yonasan: It incorporates the witnesses and the guarantor in the La'av of Ribis.
Why does the Torah call interest 'Ribis'?
Rashi: Because, like a snake-bite, which is initially small, but swells suddenly, so too interest, which begins with a small sum, but which, before one realizes, turns into a large amount. 1
This explanation applies to compound interest, giving the impression that plain interest is permitted? However, the Torah in Vayikra 25:36, also refers to it as 'Marbis' (regarding food), incorporating plain interest - though Chazal do not say this explicitly (See Rashi there).
Why does the Torah forbid taking interest?
Because, following the La'av of Ribis, the Pasuk writes in B'har, Vayikra, 25:36 "ve'Chai Achicha Imach", indicating that one does not take interest from a fellow-Jew because he is considered a brother - and one does not take interest from a brother.
As opposed to borrowing vessels (which one returns intact, and) which are (therefore) not included in the prohibition, 'Milveh' ("Im Kesef Talveh') implies a loan of money, which is meant to be spent and replaced (Rashi, Avodah-Zarah, 2a).
And not one of personal benefit, either monetarily or for Kavod (Ramban).
What are the conotations of the expression "Lo Sesimun alav Neshach"?
Targum Yonasan: It incorporates the witnesses and the guarantor in the La'av. 1
Bava Metzi'a, 75b: It incorporates in the La'av the borrower, the guarantor, the witnesses and the Sofer. 2
Oznayim la'Torah (citing Bava Metzi'a, 75): It implies that the lcreditor transgresses the La'av already from the time that he obligates the debtor to pay (when he writes the Sh'tar)..
Why does the Torah write "Lo Sesimun alav Neshech"?
Moshav Zekenim: To confine the prohibition to Ribis that is paid directly from the borrower to the lender, but is permitted if the Ribids goes to a third party. 1
The Admas Kodesh (1 YD 8) explains that we learn it from "Al Tikach me'Ito Neshech" (B'har Vayikra, 25:36).
QUESTIONS ON RASHI
Rashi writes that it says "Ami" to teach us that one must lend to a fellow-Jew before a Nochri [with Ribis]. We should know this already from Neveilah, which the Torah obligates to give to a Ger [Toshav] before selling to a Nochri - how much more so here?
Riva: Had the Torah taught the Din only by Neveilah, which is worth little, we would not know that it als applies to a loan, which grants the creditor a large profit (the Ribis); and had the Torah taught it only by loans, in which he does not lose any [principal], we would not know Neveilah (that he should give it for free to a Ger Toshav). 1
Moreover, we cannot learn from here that one should accept a loss in order to benefit a Ger Toshav (PF).
