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.': .... . ..... · .:. , .: .' by Larry Ball Charity has its limits! Benevolence at the expense of a man's own family ceases to be benevolence. It becomes malevolence. I remember as a teen-ager thatmy fatherwas very generous to one of my friends. My friend was very poor. His family did not own an automobile, but yet in order to obtain employment he needed to learn how to drive (this was in the days before driver education courses and driver training schools). Myfather 1ethimuseour onlyfamilycar to 1eamhow to drive, assuming the risk that comes with a novice behind the wheel. My friend eventually obtained his driver's license and we were all happy for him. Shortly thereafter my friend approached my father and asked ifhe could use our car for a date he had planned with his girlfriend. My father gave him a firm answer of "No". I was surprised that my friend could be so presumptuous in considering such a request. I learned early in life by my father's actions that charity indeed has its limits. Recendy, I was conversing with a man who had co-signed a rather large note. If the original maker of the note failed to pay, then he became legally responsible. Unforseen problems had arisen with the original maker of the note, and now the man was under great stress. Because of his own financial condition he was afraid he might lose his home. What a tragedy that a man would risk his own home, the home of his family, by co-signing a note for a debtor. Charity does indeed have its limits. Most Christians are unaware of the warning which is elucidated in the bib- lical teaching concerning "surety". The 8 t- THE COUNSEL of Chalcedon 'I November, 1991 word "surety" is rather strange to the modern ear. It is seldom used in.mod- em parlance, and thusisseldomunder- stood, especially as it is used on the pages of the Holy Scriptures. Surpris- ingly, the word occurs many times in the Bible, and thus itisincumbentupon us to understand its meaning and heed its associated warnings. l.etusfirstlookatthemeaningofthe word "surety" as it is used in the Scrip- tures. InGenesis43wefindthestoryof Joseph who was sold .into bondage by his brothers. He became Pharaoh's assistant and after giving his brothers food he sent them horne. However, he said to them that if they ever returned, they must bring their younger brother Benjamin. Upon the need to return to Egypt a second time, Jacob refuses to send Benjamin with them until Judah promises to act as "Surety for him" (verse 9). Surety is defined by Judah in hiswords, "".youmayholdmerespon- sibleforhim. IfIdonotbringhimback to you and set him before you, then let rne bear the blame before you forever." (verse 9) In other words, if things do notworkoutIwilltaketheblame.Iwill make "sure" the promise. Also, I will "surely" suffer the consequences upon the failure of the terms of the prOmise. Judah's action here is admirable. Surety is not condemned in this con- teXt It was an action oflove, grace, and sacrifice, and therefore the assumption ofsuretyshipmustnotalwaysbeviewed as a sinful action. InPsalm1l9: 122, the writer pleads that God will not '1ea.veme to my oppres- sors. Be surely for Thy servant for good; do not let the arrogant oppress me." If I fail, back me up. Stand behind me in case I fall. Here again, the meaning of surety is to be viewed in a positive light. There is a sense in which Christ is our surety. We owe a debt to God and are unable to pay it. Christ goes surety for us. Being unable to pay thedebt of sin we owe, He pays the debt for us. A

1991 Issue 8 - Suretyship: Avoiding Its Pitfalls - Counsel of Chalcedon

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Charity has its limits! Benevolence at the expense of a man's own family ceases to be benevolence. It becomes malevolence. I remember as a teenager that my father was very generous to one of my friends. My friend was very poor. His family did not own an automobile, but yet in order to obtain employment he needed to learn how to drive (this was in the days before driver education courses and driver training schools). My father let him use our only family car to learn how to drive, assuming the risk that comes with a novice behind the wheel. My friend eventually obtained his driver's license and we were all happy for him. Shortly thereafter my friend approached my father and asked if he could use our car for a date he had planned with his girlfriend. My father gave him a firm answer of "No". I was surprised that my friend could be so presumptuous in considering such a request. I learned early in life by my father's actions that charity indeed has its limits.

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.': .... . .....

· .:. ~ , .: .'

by Larry Ball Charity has its limits! Benevolence

at the expense of a man's own family ceases to be benevolence. It becomes malevolence. I remember as a teen-ager thatmy fatherwas very generous to one of my friends. My friend was very poor. His family did not own an automobile, but yet in order to obtain employment he needed to learn how to drive (this was in the days before driver education courses and driver training schools). Myfather 1ethimuseour onlyfamilycar to 1eamhow to drive, assuming the risk that comes with a novice behind the wheel. My friend eventually obtained his driver's license and we were all happy for him. Shortly thereafter my friend approached my father and asked ifhe could use our car for a date he had planned with his girlfriend. My father gave him a firm answer of "No". I was surprised that my friend could be so

presumptuous in considering such a request. I learned early in life by my father's actions that charity indeed has its limits.

Recendy, I was conversing with a man who had co-signed a rather large note. If the original maker of the note failed to pay, then he became legally responsible. Unforseen problems had arisen with the original maker of the note, and now the man was under great stress. Because of his own financial condition he was afraid he might lose his home. What a tragedy that a man would risk his own home, the home of his family, by co-signing a note for a debtor. Charity does indeed have its limits.

Most Christians are unaware of the warning which is elucidated in the bib­lical teaching concerning "surety". The

8 t- THE COUNSEL of Chalcedon 'I November, 1991

word "surety" is rather strange to the modern ear. It is seldom used in.mod­em parlance, and thusisseldomunder­stood, especially as it is used on the pages of the Holy Scriptures. Surpris­ingly, the word occurs many times in the Bible, and thus itisincumbentupon us to understand its meaning and heed its associated warnings.

l.etusfirstlookatthemeaningofthe word "surety" as it is used in the Scrip­tures. InGenesis43wefindthestoryof Joseph who was sold .into bondage by his brothers. He became Pharaoh's assistant and after giving his brothers food he sent them horne. However, he said to them that if they ever returned, they must bring their younger brother Benjamin. Upon the need to return to Egypt a second time, Jacob refuses to send Benjamin with them until Judah promises to act as "Surety for him" (verse 9). Surety is defined by Judah in hiswords, "".youmayholdmerespon­sibleforhim. IfIdonotbringhimback to you and set him before you, then let rne bear the blame before you forever." (verse 9) In other words, if things do notworkoutIwilltaketheblame.Iwill make "sure" the promise. Also, I will "surely" suffer the consequences upon the failure of the terms of the prOmise.

Judah's action here is admirable. Surety is not condemned in this con­teXt It was an action oflove, grace, and sacrifice, and therefore the assumption ofsuretyshipmustnotalwaysbeviewed as a sinful action.

InPsalm1l9: 122, the writer pleads that God will not '1ea.veme to my oppres­sors. Be surely for Thy servant for good; do not let the arrogant oppress me." If I fail, back me up. Stand behind me in case I fall. Here again, the meaning of surety is to be viewed in a positive light.

There is a sense in which Christ is our surety. We owe a debt to God and are unable to pay it. Christ goes surety for us. Being unable to pay thedebt of sin we owe, He pays the debt for us. A

godly preacher by the name of Bridges once said, "Our God, while hewamsus against suretyship, has taken it upon Himself, He has given his word, His bond, yea His blood for sinners: a secu­rity that no powers of hell can shake."

Parents often becomesuretyfortheir children. When Dad co-signs for a car for his teenage son, he becomes surety for him. Suretyship is inherent in being a parent. We are often

family being left on the street without a dime (or a bed) to their name? "Donat be among those who [!jve pledges, among those who become sureties for debts. If you havenathingwith which topay, why should he take your bed from under you?" (Prov­erbs 22: 26-21) Charity has it limits, especially when a man has a family to shelter and feed. Before you know it there may be two beggars in the neigh­borhood, both you and yourneighbor.

owes you anything, charge that to my account." This however does not meet the definition of assuming suretyship. Paul is assuming past debt as a gift to Philemon (also, possibly as a motivat­ing factor to encourage Philemon to forgive the debt owed by Onesirnus). Suretyship assumes a future risk which is only activated by the irresponsibility of another party. Paul is not ignoring the prohibitions of Solo-monhere in

this case. As we shall there in case of failure to help our children.

After considering the positive uses of the word suretyship in the Scriptures, westillfind that Solomon warns against suretyship throughout the Book of Proverbs. In Prov­erbs 6 Solomon writes, "My son, if you have become surety for your neighbor, have given a pledge for a stranger, if you have been snared with the words of your mouth, have been caught with thewordsofyourmouth,

, liThe prohibition against· . suretyship must not and

see shortly, he is sim­ply practicing the bib­heal grace of giving.

In summary then, the Biblewarns against suretyship which puts the behever's own as­sets at risk upon the irresponsibility of an­other.* You must pro­tectforthesakeofyour own family those things which are nec­essary for the shelter of you, your wife, and your children. It is a bad witness when Christians do not pro­videfortheirown. "But ifanyonedoesnotpro­

. indeed does not inhibit the necessity of showing love

to brethren who find . themselves in financial difficulty. The issue is not

whether we should help. our brethren in need, but

rather the method we should use in providing aid."

do this then, my son, and deliver yourself; since you have come into the hand of your neighbor, go humble yourself, and impor­tune your neighbor. "

Solomon explains for us the danger involved in becoming surety. It is being snaredinatrap,orcaughtinanettotally controlled by another. It is making a promise which we should never have made. The trap door is the words of your mouth, a promise to payifanother fails in his duty. The son must urgently beg to be released from this promise. Get on you knees if necessary!

A man who goes surety risks losing even his own house and household furniture ifhe does not have the cash to meet the liabilities. Can your imagine a

Noticealso that thewarningis against assuming suretyship with neighbors as well as with strangers. .~ man lacking in sense pledges, and becomes surety in the presenceofhisneighbor. "(Proverbs 17:18) Nothing will dissolve an old friendship like financial irresponsibility. Picking up the tab for old friends who are undisciplined will often make enemies out of buddies very qUickly. Thus not only does surety risk your own personal assets but also old friendships. It's just not worth it.

Ithas beensuggested that theApostle Paul broke the rule against suretyship in the Book of Philemon. In verse 18 of that Book Paul speaks to Philemon about the debts of the slave Onesirnus, "Butifhe has wronged you in any way, or

vide for his own, and especially for those of his household, he has denied the faith, and is worse than an unbe­hever." (I Timothy 5:8)

The prohibition against suretyship must not and indeed does not inhibit the necessity of showing love to breth­ren who find themselves in financial difficulty. The issue is not whether we should help our brethren in need, but rather the method we should use in providing aid. Two legitimate alterna­tives to suretyship are "outright gifts" and "coliateralizedloans". letuslookat each one of them as proper bibhcal substitutes for the unbibheal practice of assuming suretyship.

An outright gift is a bibheal method of aiding those with special needs. "It is

November, 1991 ~ THECOUNSELofChalcedon ~ 9

better to give than to receive. "(Acts 20:35) A gift is given freely with no string; attached. A surety payment is given under pressure at the hands of a collec­tion agency. With a gift there is transfer oflegal ownership. There is no future obligation or risk involved. There is no worry about "what if". Under surety­ship there is constantconcernandstress about personal assets with legal attach­ments. With gifts you will be able to retainfriendships,butwiththeassump­tion of another's debt, tensions may strain a friendship for the rest of your life. Itisalwaysbettertogiveanoutright gift than to put yourself at risk by assuming the potential failure of an­other.

Another biblical alternative to sure­tyship is a collateralized loan. Most of us are familiar with this through the typical home mortgage. This is the bread and butter of most banks. The bank can hardly lose (except poorly managedS&:Linstitutions). Incaseyou do not make your loan payment, the bank has the legal right to confiscate YOUl: home. Your home is your pledge which secures the bank's risk.

In regard to helping the needy, in addition to gifts, a loan guaranteed with a pledge is a biblical option. You hold some of theirproperty(equalin value to the loan amount) in case they do not pay. If they do not pay, then you keep their property, and therefore take no personal loss.. Upon payment of the loan, the pledge must be retumed to the debtor. Ezekiel in defining a righteous man describes one principle governing collateralized loans where he says, "if a man does not oppress anyone, but restores to the debtor his pledge, ... he is righteous and will surely live, declares theLord God." (Ezk. 18:7-9)

There are several parameters in the Scriptures which must be obselYed in the process of taking pledges. First no pledge (collateral) must be taken which immediately threatens a debtor's life. "If you ever take your neighbor's cloak as a

pledge,you are to retum itto him before the sunsets,for thatis his only covering; itis his cloak for his body. What else shall he sleep in? And it shall come about that when ke cries out to Me, I wiUhear him, for I am gracious" (Exodus 22:25-27) "Why are times not stored up by the Almight;y, and why do those who hnow Him not see His days? Some remove landmarhs; they seize and devour jlochs, they drive away the donkeys of the orphans; they take the widow's ox for a pledge. " Gob 24:1-3)

Also, in the matter of choosing a pledge the debtor and not the creditor must choose the pledge. ''When you makeyourneighbor aloanof any sort, you shall not enter his house to take his pledge. You shall remain outside, and the man to whom you make the loan shall bring the pledgeouttoyou."(Deut.24:10-13) This was another safeguard of the debtor against possible abuse by the creditor.

Thirdly, a man's tools necessary for his livelihood could not be taken for a pledge. ''No one shall take a handmill or an upper millstone in pledge,for he would be taking a lifeinpledge." (Deut. 24:6) A man without his tools is a man who cannot earn a living for himself or his family. Taking away a carpenter's square, a musician's hom, or a mechanic's wrench is to guarantee their failure to pay their debts. This would not be wise for either the debtor or the creditor.

In conclusion, Christians must be gracious. We must practice charity. We have two biblical means to show this love to others in the area of Dnancial needs. One is an outright gift with no strings attached. The other is a collaterallzed loan taking a pledge un­der certain restrictions. Suretyship which risks your responsibility of tak­ing care of your own household is never an option. Indeed, charity does have it limits!,Q

*Editorialnote-The example ofpaul in Philemon shows that it is not forbid-

10 t THE COUNSEL of Chalcedon t November, 1991

den to be a surety for your brother if it does not risk your family assets because of the irresponsibility of another.