Our Gemara on amud aleph discusses the textual proof that the creditor has ownership over the security, which has ramifications for who is liable if it is lost, from the verse that delineates the process for a creditor who must collect security in lieu of payment (Devarim 24:10-13):
When you make a loan of any sort to your compatriot, you must not enter the house to seize the pledge. You must remain outside, while the party to whom you made the loan brings the pledge out to you. If that party is needy, you shall not go to sleep in that pledge; you must return the pledge at sundown, that its owner may sleep in the cloth and bless you; and it will be tzedaka before your God.
Since the verse refers to the return of the security as tzedaka, which is charity, it indicates that the creditor is giving something of his, which means he must be in possession of the security.
Likkutei Halachos (Choshen Mishpat 1:1) adds psychological and mystical depth to this process. A person’s soul is linked to his possessions. If his possessions must be taken from him, they cannot be taken suddenly. Rather, the creditor must stand outside and wait for the debtor to choose which item to give over. This process allows time for the debtor’s soul to adjust and withdraw from that item, so the loss is not traumatic. It is hard to find a better example of how psychology and mysticism coincide, perhaps two sides of the same coin, capturing a truth of what it feels like to be dispossessed, and the need for society to be empathic as it pursues justice.
This set of laws, showing great sensitivity and providing basic dignity for all people, rich or poor, surely must have been part of what inspired James Madison, who authored the Fourth Amendment, which states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Also of note and significance, James Madison studied the Bible in its original Hebrew (https://latterdaysaintmag.com/the-old-testament-and-hebrew-influence-on-james-madison-the-first-amendment-and-religious-liberty/).
Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation
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Rabbi Simcha Feuerman, Rabbi Simcha Feuerman, LCSW-R, LMFT, DHL is a psychotherapist who works with high conflict couples and families. He can be reached via email at simchafeuerman@gmail.com