Surety

Surety, (some form of עָרִב, arb, to barter, and especially to deposit a pledge, either in money, goods, or in part payment, as security for a bargain; ἔγγυος). “Suretyship” in the A. V. is usually the rendering for תּוֹקעַי, tokeim, literally in marg. “those that strike (hands),” from תָּקִע, to strike (Gesenius, Thesaur. p. 1517). The phrase: תּשׂוּמֶת יָד, tesumeth yad. (Sept. παραθήκη), “depositing in the hand,” i.e. giving in pledge, may be understood to apply to the act of pledging, or virtual, though not personal, surety ship (Leviticus 6:2; Hebrews 5:14]). In the entire absence of commerce, the law laid down no rules on the subject of surety ship; but it is evident that in the time of Solomon, mercantile dealings had become so multiplied that surety ship in the commercial sense was common (Proverbs 6:1; 12:15; 17:18; 20:16; 22:26; 27:13). But in older times the notion of one mall becoming a surety for a service to be discharged by another was in full force (see Genesis 44:32), and it is probable that the same form of undertaking existed, viz. the giving the hand to (striking hands with), not, as Michaelis represents, the person who was to discharge the service in ‘the commercial sense’ the debtor—but the person to whom it was due, the creditor (Job 17:3; Proverbs 6:1; Michaelis, Laws of Moses, § 151, 2, 322, ed. Smith). The surety, of course, became liable for his client’s debts in case of his failure. In later Jewish times the system had become common, and caused much distress in many instances, yet the duty of surety ship in certain cases is recognized as valid (Sirach/Ecclesiasticus 8:13; 29 14, 145, 16,18, 19). SEE PLEDGE.

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Author: McClintock and Strong Cyclopedia

Keywords: Surety, pledge, barter, security, strike hands, give in pledge, giving in pledge, debtor, lending, lender, lend, debt, suretyship, deposit

Bible reference(s): Genesis 43:9, Genesis 44:32, Hebrews 5:14, Hebrews 7:22, Isaiah 38:14, Job 17:3, Leviticus 6:2, Proverbs 11:15, Proverbs 12:15, Proverbs 17:18, Proverbs 20:16, Proverbs 22:26, Proverbs 27:13, Proverbs 6:1, Psalms 119:122, Sirach/Ecclesiasticus 8:13

Source: John McClintock and James Strong, Cyclopedia of Biblical, Theological, and Ecclesiastical Literature.

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