daf bit: Bava Metzia 115
Jan. 19th, 2017 08:53 amNow on today's daf we learn: a man may not take a pledge from a widow at all, whether she is rich or poor. That is the mishna, but R' Shimon says in the g'mara that he can take a pledge from a rich widow but not a poor one. This is because you must return the poor person's pledge each night (for a garment). That's ok in the case of a male debtor, but if a man shows up at a widow's house every night to return her pledge, that looks bad in front of the neighbors, who won't know it's to return a pledge and just see a man visiting every night. Therefore we just don't allow taking the pledge in the first place for a poor widow, but a rich widow wouldn't need to have the pledge returned each night so that's ok. (113a, 115a)
The g'mara here does not consider changing circumstances. I speculate that R' Shimon would require the man to return the pledge (and then not retake it) if the rich widow had a change of circumstances.