Difference between revisions of "Surety"

<p> (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 '''''תּוֹקְעַי''''' , ''Tokeim,'' literally in marg. "those that strike (hands)," from '''''תָּקִע''''' , ''To Strike'' (Gesenius, ''Thesaur. P.'' 1517). The phrase: '''''תְּשׂוּמֶת''''' '''''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 (&nbsp;Leviticus 6:2 Hebrews 5:21]). 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 t he commercial sense was common (&nbsp;Proverbs 6:1; &nbsp;Proverbs 12:15; &nbsp;Proverbs 17:18; &nbsp;Proverbs 20:16; &nbsp;Proverbs 22:26; &nbsp;Proverbs 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 &nbsp;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 (&nbsp;Job 17:3; &nbsp;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 (Ecclus. 8:13; 29 14, 145, 16,18, 19). (See Pledge). </p> <p> The earliest form of suretyship mentioned in [[Scripture]] is the pledging of person for person, as when Judah undertook with his father to be surety for [[Benjamin]] ( '''''אֶעֶרְבֶנּוּ''''' , ''I Will [[Exchange]] For Him,'' put myself in place of him, &nbsp;Genesis 43:9); and when circumstances emerged which seemed to call for the fulfillment of the obligation, he actually offered himself in the room of Benjamin. In this sense the psalmist asks God to be surety for him for good (&nbsp;Psalms 119:122), as did also, in his great distress, [[Hezekiah]] (&nbsp;Isaiah 38:14), though the sense here is a little weakened in the A.V. by the rendering "undertake for me." More commonly, however, the kind of suretyship spoken of had reference to pecuniary obligations or debts, and forms the subject of prudential advices and warnings in the book of Proverbs (&nbsp;Proverbs 6:1; &nbsp;Proverbs 11:15; &nbsp;Proverbs 17:18; &nbsp;Proverbs 20:16). In the first of these passages, the dangerous practice of entering into sureties is put in two forms-first, "if thou be surety for thy friend," then "if thou hast stricken thy hand with a stranger;" there being no further difference, between them than that the one has respect to the thing itself the other to the mode of going about it: the person agreeing to become surety gave his hand to his friend. Hence, also, in &nbsp;Proverbs 17:18, a man "who strikes hands," that is, readily becomes a surety, is declared to be void of understanding. In the highest sense the term is applied to Christ, who, in his character as mediator, is represented as "the surety ( '''''Ἔγγυος''''' ) of a better covenant" (&nbsp;Hebrews 7:22), having made himself responsible for all that in. this covenant was required to be accomplished for the salvation of those who were to share in its provisions. (See [[Mediation]]). </p>

<p> ''''' shōōr´ti ''''' : This word is used in three different connections or groups: </p> <p> (1) <i> As a derivative of the word "sure" it means "of a certainty" or "surely." </i> - I n &nbsp;Genesis 15:13 the infinitive absolute of the verb is used to give emphasis to the idea of the verb and is rendered "of a surety." In &nbsp; [[Genesis]] 18:13 the [[Hebrew]] <i> ''''' 'omnām ''''' </i> is translated "of a surety." In &nbsp;Genesis 26:9 <i> ''''' 'akh ''''' </i> is similarly rendered, and has the force of our "indeed." In &nbsp;Acts 12:11 ἀληθῶς , <i> ''''' alēthṓs ''''' </i> , is translated in the King James Version "of a surety," but better in the Revised Version (British and American) "of a truth." </p> <p> (2) <i> In the sense of security or pledge for a person. </i> - T his means that one person may become security for another, that such a one will do a certain thing at a time in the future. Judah was "surety" to his father Jacob that Benjamin would safely return from Egypt (&nbsp;Genesis 43:9 ). He pledged his life that the younger brother would return safely. He tells [[Joseph]] (&nbsp;Genesis 44:32 ) how he had become surety for Benjamin, and offers to become Joseph's slave for the sake of his brother. Job says (&nbsp;Job 17:3 ), "Give now a pledge, be surety for me with thyself; who is there that will strike hands with me?" The striking of hands refers to the action or gesture by which the surety or pledge was publicly manifested and thus ratified. Job here beseeches God to become surety for him, to pledge him that some time in the future He will cause Job's innocence to be made known and be acknowledged by God Himself. In &nbsp;Isaiah 38:14 Hezekiah says, "O Lord, I am oppressed, be thou my surety." He wishes God to give him a pledge of some kind, to go security for him in such a way that he will surely be saved out of his sickness and distress. Jesus is called "the surety ( ἔγγυος , <i> ''''' égguos ''''' </i> ) of a better covenant" (&nbsp;Hebrews 7:22 ). Jesus is the pledge or surety that through Him we may obtain the assurance and certainty that a more excellent covenant has been established by God, and are assured also of the truth of the promises connected with it. </p> <p> (3) <i> It is used to describe the practice of going security for another by striking hands with that person and becoming responsible for money or any object loaned. </i> - T he Book of Proverbs unhesitatingly condemns the practice. No mention is made of it in the [[Mosaic]] Law, as if the custom were then practically unknown. The Book of Proverbs makes no distinction between a stranger and a neighbor; the person who does such a thing is likened unto an animal caught in a trap. He is exhorted to sleep no more until he has got out of the trap, or freed himself from this obligation (&nbsp;Proverbs 6:1-5 ). The wisdom of such advice has been abundantly verified by experience. It does not necessarily preclude certain special cases, where the practice may be justified. The international relationships of the [[Jews]] in the period of the monarchy, together with the unsettled condition of the country (&nbsp;Nehemiah 5:3 ) and people, needed such commercial strictness. Their trade was mostly in the hands of the Phoenicians and other foreigners, and the pressure of taxation for the payment of foreign tribute, etc., was heavy (&nbsp;Nehemiah 5:4 f). &nbsp; Proverbs 11:15; &nbsp;Proverbs 17:18 declare one "void of understanding" who thus goes security for another. &nbsp; Proverbs 20:16 seems to contain an exclamation of contemptuous rebuke for the man who goes security. &nbsp; Proverbs 22:26; &nbsp;Proverbs 27:13 contain like admonitions. See [[Debt]]; Pledge; [[Security]]; [[Strike]] . </p>