Paying back a debt is a mitzvah TB Ketubot 86

Today’s daf TB Ketubot 86 discusses different issues surrounding the collection of debts.

Here is a very straightforward case. “Ameimar said in the name of Rav Ḥama: With regard to one who has incumbent upon himself the obligation of his wife’s marriage contract and also owes money to a creditor, and he possesses land and possesses money, the obligation to the creditor is settled with the payment of money, whereas the debt to the woman of her marriage contract is settled with the payment of land, this one in accordance with his law, and that one in accordance with her law. Since the creditor gave him money, it is fitting that he should receive ready cash in return. The woman, in contrast, did not give him anything but relied upon the lien on his land, so she is therefore given land.” (Sefaria.org translation)

What happens when the debtor only has enough money to pay the creditor or the ketubah to the wife? “And if there is only one plot of land, and it is adequate for the payment of only one debt, we give it to the creditor, and we do not give it to the woman.” (Sefaria.org translation) Rashi supplies the reason why the creditor takes precedence over the former wife. The rabbis want to encourage people to lend money. If the lenders were not sure they would be paid back, they would never lend money to anybody.

Paying back a debt or loan is more than an obligation, it is a mitzvah. “Rav Kahana said to Rav Pappa: According to your opinion, that you say the repayment of a creditor is a mitzva, if the debtor said: It is not amenable to me to perform a mitzva, what would be the halakha? If there is no obligation to repay a loan other than to perform a mitzva, then what happens if someone is not interested in performing the mitzva? He said to him: We already learned this halakha in a baraita: In what case is this statement said, that one is liable to receive forty lashes for committing a transgression? It is said with regard to negative mitzvot. However, with regard to positive mitzvot, for example, if the court says to someone: Perform the mitzva of the sukka, and he does not do so, or: Perform the mitzva of the palm branch, and he does not do so, the court strikes him an unlimited number of times, even until his soul departs, in order to force him to perform the mitzva. The payment of a debt is a positive mitzva, and one who refuses to pay a debt can be compelled to do so in this manner.” (Sefaria.org translation)

First of all, I don’t believe the rabbis meant that you whip the debtor until he is dead because the creditor would never get his money back. The whipping would just be an incentive for the debtor to say something to the fact, “I’ll pay my debt now.” I think the rabbis were only exaggerating like when I say, “If I told you once, I’ve told you a million times.”

Secondly, where in the Torah is paying back a debt is one of the 613 mitzvot? There is no explicit mitzvah of paying back a debt. Once again Rashi supplies the answer how paying back a debt is a mitzvah. He writes that paying back a debt is keeping one’s word. Keeping your word is a mitzvah. As the proof text, he quotes TB Baba Metzia 49a. “Rabbi Yosei, son of Rabbi Yehuda, says: What is the meaning when the verse states: “A just ephah, and a just hin, shall you have” (Leviticus 19:36)? But wasn’t a hin included in an ephah? Why is it necessary to state both? Rather, this is an allusion that serves to say to you that your yes [hen] should be just, and your no should be just. Apparently, it is a mitzva for one to fulfill his promises.” (Sefaia.org translation)