חובל בחבירו ד

It emerges that through tz'dakah and g'milus chesed, through this the aforementioned aspect is accomplished — the aspect of the illumination of the hands and feet through the ruach that blows through them, which is the ruach of the tzaddik, which is the aspect of ruach n'divah in the heart to perform tz'dakah and g'milus chesed. However, g'milus chasadim is greater than tz'dakah, as Chazal said (Sukkah 49b), as it is written: "V'chi yamuch achicha v'hechezakta bo" ["And if your brother becomes impoverished, you shall strengthen him"] (Vayikra 25:35). And as Rashi explains there: before he has fallen, one person can support him; once he has fallen, ten cannot support him. For when he is already poor and compelled to receive tz'dakah, then he is actually receiving, and then he is in the aspect of feet — and then it is difficult to raise him, for there, in the aspect of feet, is the main hold [of the chitzonim], in the aspect of "ragleha yordos," etc., as above. But when one lends to him through g'milus chesed, then one can support him until he expands his means and repays him — and then one saves him from being a receiver at all. And this is a very great good, for it elevates him from the aspect of feet. For afterward, when the borrower returns and repays the lender, then the borrower is equal to the lender. It emerges that this borrower — who was initially at the time of the loan in the aspect of a receiver, the aspect of feet — now that he has expanded his means through the loan and merits to repay, he has now left the aspect of receiver, the aspect of feet, and is equal to the lender. And this is the aspect of "libo nasa es raglav" ["his heart carried his feet"] (Brachos 6b), for through the ruach n'divah in the heart of the lender, through this he carried the one who was in the aspect of feet — and now he is equal to him. And this is the aspect of "hushvu ishah l'ish" ["woman was made equal to man"] stated there at the end of the aforementioned teaching. "Hushvu" specifically — the aspect of "libo nasa es raglav," that the feet are carried upward until the feet are equal to the hands, in the aspect of "v'hayah or hal'vanah k'or hachamah" ["the light of the moon shall be like the light of the sun"] (Y'shayahu 30:26).

It emerges that through lending g'milus chesed one does a very great good for the borrower, and the merit of this mitzvah is very great, as is brought in the words of Chazal.

And this is the aspect of a guarantor. For the guarantor is the aspect of feet, the aspect of "raglohi d'var inash inun arvin leih," as above. For he is a guarantor on behalf of the borrower and stands in the place of the borrower. And therefore the guarantor is also in the aspect of feet, like the borrower, as above.

And the main element of the guarantee is due to this aspect — the aspect of the aforementioned feet. For this lender who wishes to bestow kindness upon the borrower and shines the ruach n'divah in his heart upon the borrower and lends him his money in order to stand him on his feet — so that afterward the borrower will return and repay him, and through this the tikkun of the feet described above will be accomplished, the aspect of "libo nasa es raglav," as above — but because this one who comes to borrow has already had his steps somewhat dislodged and the aspect of his feet has been blemished to the point where he was compelled to borrow, therefore the lender is afraid to lend to him. For since the borrower is in the aspect of feet, as above, and there is the hold [of the chitzonim], as above, it could turn out to the contrary, chas v'shalom — that they might also take hold, chas v'shalom, even of this money that he bestows upon him through his ruach n'divah, and he will not be able to repay him. Or, because they have taken hold of him, his emunah will be blemished and he will deny his fellow and not wish to repay him — since they are close to him, because he is in the aspect of feet, since he is now in the aspect of a receiver, as above. Therefore [the lender] does not wish to lend to him except through this guarantor, who guarantees on behalf of the borrower — who is in the aspect of feet — that the money will not be sunk there, chas v'shalom, in the aspect of "ragleha yordos," etc. Rather, he is obligated to endeavor to elevate the money from there and return it to its root, to the lender.

And therefore [the guarantor] is in the aspect of feet, for this is the main element of the guarantee — to elevate the money from the aspect of feet, meaning from the borrower, so that it will not be sunk there, chas v'shalom. And therefore Chazal warned: "Keep far from guarantees" (Y'vamos 109b), for this is a place of danger, as above. And therefore — why should he bring this trouble upon himself, to insert himself into the aspect of feet, where they [the chitzonim] take hold most strongly, and it is a place of danger? Therefore it is good to distance oneself from this.

And therefore a guarantor at the time of the giving of money becomes obligated immediately without a kinyan, but not at the time of the giving of money he requires a kinyan.

For the matter of a kinyan in every case is only due to the aforementioned aspect — because the emunah is in the aspect of feet, and there the chitzonim take hold, in the aspect of "ragleha yordos," etc., in the aspect of: "Zos Y'rushalayim b'soch hagoyim samtihah" ["This is Y'rushalayim — I have placed her in the midst of the nations"] (Y'chezkel 5:5). Y'rushalayim is the aspect of emunah — she is always among them, as is brought in the words of Rabbainu z"l in many places. And because of this, when one conducts any business dealing, it is impossible to rely on one's fellow's emunah alone, and there is no validity to the matter without a kinyan. For in truth it ought to be that no kinyan should be necessary for anything in the world, for it ought to be that "yes" is "yes" and "no" is "no," as Chazal said (Bava M'tzia 49a). And since he promises his fellow through speech alone to fulfill the business dealing and the transaction and the like, it certainly ought to be that he should stand by his emunah and fulfill his word even without any kinyan at all. But the fact that according to the din there is no validity to the matter without a kinyan is due to the aforementioned aspect — because the emunah must be constantly revived. And as long as one does not revive and strengthen and establish the emunah that constantly dwells among the fallen k'dushos [holinesses], it is impossible to rely on one's fellow's emunah alone. For generally, every person has an aspect of fallen emunah, for the emunah is not in a state of complete perfection by every single person — because the emunah constantly dwells among the nations, etc., as above. And especially the emunah in business dealings — for there is the main emunah, as they said (Shabbos 31a): "Did you conduct your business dealings with emunah?" And there is the main battle and clarification, for in all matters of business dealing there are many very fallen k'dushos that need to be clarified through the business dealing, and the main clarification is through emunah, as is brought in the words of Rabbainu z"l elsewhere (in Siman 280) in the teaching "Ki Saitzai LaMilchamah." And because the emunah in business dealings dwells there among the nations, among the fallen k'dushos, therefore one who is not strong in exceptional emunah — it is impossible to rely on his emunah. For sometimes the emunah itself becomes blemished through this — through dwelling among them — and especially the emunah in business dealings, where the main battle and clarification is, as above. And as is understood from all of Rabbainu's words elsewhere. And because of this it is impossible to rely on emunah alone, and there is no validity to any business dealing except through a kinyan.

And the main element of a kinyan is to revive the aspect of emunah — for through the kinyan one revives and strengthens the aspect of one's fellow's fallen emunah. And when one strengthens and elevates the emunah, then the emunah becomes strengthened and established, and then he must fulfill his word, and it is forbidden to change the business dealing — since the emunah has already been revived through the kinyan, therefore it is no longer possible to change.