And if the man be poor, etc. - Did not this law preclude pledging entirely, especially in case of the abjectly poor? For who would take a pledge in the morning which he knew, if not redeemed, he must restore at night? However, he might resume his claim in the morning, and have the pledge daily returned, and thus keep up his property in it till the debt was discharged; see the note on Exodus 22:26. The Jews in several cases did act contrary to this rule, and we find them cuttingly reproved for it by the Prophet Amos, Amos 2:8.

And if the man be poor,.... Which may be thought to be the case of everyone that gives pledges for a debt he owes, or a sum of money he borrows; yet there might be a difference: some might be so very destitute of goods and raiment in their houses, that whatever they parted with was distressing to them, and they could not well do without it:
thou shalt not sleep with his pledge; nor keep it a night; but deliver it to him, before he went to bed, and laid himself down to sleep.

And if the man was in distress (עני), the lender was not to lie (sleep) upon his pledge, since the poor man had very often nothing but his upper garment, in which he slept, to give as a pledge. This was to be returned to him in the evening. (A repetition of Exodus 22:25-26.) On the expression, "It shall be righteousness unto thee," see Deuteronomy 6:25.

Thou shalt not sleep - But restore it before night, which intimates that he should take no such thing for pledge, without which a man cannot sleep.