מאבד ממון חבירו ומוסר ג

For all kinyanim [acquisitions] are in the aspect of da'as. For the main kinyan is through da'as, in the aspect of: "Da'as kanisa mah chasarta; da'as chasarta mah kanisa" ["If you have acquired da'as — what do you lack? If you lack da'as — what have you acquired?"] (N'darim 41a). And this is the aspect of all the kinyanim that Chazal enacted — that it is impossible to acquire anything except through a kinyan that they enacted, such as m'shichah [drawing], or hagbahah [lifting], or kinyan sudar [acquisition by exchange of a garment], and the like. For in truth, certainly it would be fitting for a person to acquire through his word alone, for certainly it is forbidden to change one's word. But the reason they can retract without a kinyan is because the da'as has not yet been drawn into this sale as long as there has not been a complete kinyan, as is brought in the language of Chazal: "adayin lo samcha da'tei" ["his mind is not yet settled"], for the main kinyan is through da'as specifically, as above. And Chazal gauged through their da'as and apprehension through which kinyan the da'as is drawn to the acquisition, and accordingly they enacted all the kinyanim for each and every matter according to its law — for they gauged that this particular matter is finalized through this particular kinyan, because through it "samcha da'tei" [his mind is settled] and he completes and conveys wholeheartedly and with complete da'as — through which is the main kinyan, as above.

It emerges that the main kinyan is through the illumination of the da'as, as above. And therefore ma'amad sh'lashtan acquires without any [formal] kinyan. For since he has money in his fellow's hand and he can extract it from his hand through mishpat, therefore the mishpat has the ko'ach to extract the matter from the borrower and to convey it to Levi in the presence of all three without any conveyance at all. For when R'uvain commands Shimon the borrower to give the money that he has in his hand to Levi, in the presence of all three of them — this is the aspect of the elevation of the fallen yirah to the root of da'as through the aspect of mishpat, through which the da'as is completed, as above. And therefore it is acquired immediately, for all kinyanim are through the completeness of the da'as, the aspect of "da'as kanisa," as above.

For one who owes money to his fellow is an "eved loveh l'ish malveh" ["the borrower is a slave to the lender"] (Mishlei 22:7). And as long as he is subjugated to his fellow and owes him some debt — this is the aspect of fallen yirah, from which is the main source of poverty and debts. For one who merits yirah in completeness lacks nothing, in the aspect of: "Ki ain machsor lirai'av" ["For there is no lack to those who fear Him"] (T'hillim 34:10). For through yirah the da'as is completed, as above, and when one has da'as he lacks nothing, as above, in the aspect of: "Da'as kanisa mah chasarta" ["If you have acquired da'as — what do you lack?"].

For all the deficiencies and the poverty and the hardship that a person has are only due to a lack of bitachon [trust in Hashem]. For if he had complete bitachon in Hashem Yisbarach he would not worry at all and he would lack nothing, as it is written: "Baruch hagever asher yivtach baHashem v'hayah Hashem mivtacho, v'hayah k'aitz shasul al palgai mayim...uvishnass batzoress lo yid'ag" ["Blessed is the man who trusts in Hashem and Hashem will be his trust; and he shall be like a tree planted by streams of water...and in a year of drought he shall not worry"] (Yirmiyahu 17:7-8). And the essence of bitachon is the aspect of yirah in completeness — meaning that one is guarded from fallen yiros and has no fallen fear of anything, only of Hashem Yisbarach. Then he certainly trusts in Hashem Yisbarach. For this is the essence of bitachon — that one should not fear or be frightened of anything, only of Hashem Yisbarach alone, in the aspect of: "Evtach v'lo efchad" ["I will trust and not be afraid"] (Y'shayahu 12:2); in the aspect of: "BaHashem batachti lo ira, mah ya'aseh vasar li" ["In Hashem I have trusted, I will not fear — what can flesh do to me?"] (T'hillim 56:12). Meaning, he has complete bitachon in Hashem Yisbarach and has no fallen fear and no fright at all, and does not worry at all what he will eat tomorrow — for that is the aspect of fallen yiros, which is the main source of poverty.

For "ain ani ela min hada'as" ["there is no poor person except one who is poor in da'as"]. For one who is poor in da'as — his da'as is not complete, and this is because he has not elevated the fallen yiros to the da'as, as above. And then, when he has fallen yiros, he is certainly truly poor, even if he has all the wealth in the world — for "da'as chasarta mah kanisa" ["if you lack da'as — what have you acquired?"]. For even if he is a great wealthy person, he is full of worries and pain and suffering and fears constantly, and all his days are anger and pain, and he has no comfort or rest or any vitality at all, and he lives a life of pain more than all the poor people in the world. For he is full of worries and fears — by day he does not rest, by night he is not at peace — because every day new worries and fears are generated for him from masters and officials, and the concern of thieves and robbers, and fires and damages, and many types of losses both common and uncommon. And he is also pained at all times over the great expenses of his household, for it seems to him that the expenditure exceeds the income, and similar to this — the worries from various concerns that each and every person has individually are beyond count, every day and at all times and at every hour, and "ain rega b'li pega" ["there is no moment without affliction"].

And as Chazal said (Avos 2:7): "Marbeh n'chassim marbeh d'agah" ["The more possessions, the more worry"]. And all this is due to the fallen yiros, because he does not have complete bitachon in Hashem Yisbarach. For if he had bitachon in Hashem Yisbarach in completeness, he certainly would not be frightened at all. For certainly everything is in the hand of Hashem Yisbarach, "v'ha'osher v'hakavod milfanav" ["and wealth and honor come from before Him"] (Divrai HaYamim I 29:12). And if Hashem Yisbarach wishes that he should be poor, certainly he will be unable to protect himself in any way; and likewise the reverse. Rather, he is obligated to engage in some occupation and business, and Hashem Yisbarach — "hatov b'ainav ya'aseh" ["will do what is good in His eyes"], and "man d'yahiv chayai yahiv m'zona" ["He Who gives life gives sustenance"].

It emerges: when one has bitachon in Hashem Yisbarach and does not worry at all about what he will eat tomorrow, this is the main wealth, in the aspect of: "Aizehu ashir? Hasameach b'chelko" ["Who is rich? One who is happy with his portion"] (Avos 4:1). For he has no worry or fear at all, because he trusts in Hashem Yisbarach, Who certainly will never forsake him. For when he does not worry about what he will eat tomorrow, it emerges that he has no fallen yiros, and then the yirah ascends to its root and the da'as is completed, and then he certainly lacks nothing — for "da'as kanisa mah chasarta," in the aspect of "ki ain machsor lirai'av," as above.

It emerges that the main poverty is due to a lack of bitachon, which is the aspect of fallen yiros — because of which he needs to come to debts and loans, and he becomes "eved loveh l'ish [malveh]" and acquires a master for himself. And this is also the aspect of fallen yiros — that one fears a master, as above — for he too has a master, namely the lender, and he fears him constantly lest he come and demand payment from him, as is the way of all who owe debts — that they are full of worries and fear at all times the time of payment that draws near.

It emerges that all the loans, which are the aspect of poverty and the aspect of servitude, are the aspect of fallen yiros. And the lender has the ko'ach of mishpat to extract the loan from the hand of the borrower through mishpat, through which he elevates the fallen yirah to its root. And therefore, when the lender — who is the master of the mishpat — commands to give his claim to the third party, the expert, it is acquired immediately in the presence of all three. For all this is due to the ko'ach of mishpat. For the ko'ach of mishpat that the lender has over the borrower — to extract his claim, as above — through this he has the ko'ach through mere words to transfer his claim and debt that is in the hand of the borrower, to transfer it to Levi. For immediately when he assigns it to him, the yirah ascends through the mishpat to the da'as. For this lender is the aspect of the master of the mishpat who has the ko'ach to summon the borrower to judgment. And the borrower who owes the claim — this is the aspect of needing to return and lift and elevate the aspect of the fallen yirah, from which it was drawn that he became a borrower and debtor, as above. And this third party, the expert, to whom the lender conveys [the claim] — he is in the aspect of the da'as. For everything that a person acquires is in the aspect of da'as, in the aspect of "da'as kanisa," as above — for everything that a person acquires, his da'as is uplifted and expanded, as is known from experience.