Sefer HaChinuch ספר החינוך

To not take the garment of a widow as surety: That we have been prevented from taking surety from a widow, as it states (Deuteronomy 24:17), “you shall not take a widow’s garment in pawn.” And the language of the mishnah is (Mishnah Bava Metzia 9:13) “From a widow, whether she be poor or she be rich, we do not extract surety.”

It is from the roots of the commandment that God was concerned about his creatures and wanted to give us merit to acquire the trait of mercy for ourselves; and [so,] He commanded us that we should pity the widow — as her heart is broken and worried — and not take surety from her. And all the ways of the Torah “are pleasantness, and all of its paths are peace.”

From the laws of this commandment is that which they, may their memory be blessed, said (Bava Metzia 113a) that we not take surety from a widow — not by oneself, and not through the court. (See Mishneh Torah, Creditor and Debtor 3:1.) [This] is to say, in no way at all do we cause her pain to take surety from her, as it is stated, “you shall not take a widow’s garment in pawn.” And the rest of its details are elucidated in the ninth chapter of Bava Metzia.

And this prohibition is practiced in every place and at all times by males and females. And regarding one who transgresses it and takes in pawn her garments or her vessels or anything from all that she has — not during the time of the loan — we return it to her against his will. (See Mishneh Torah, Creditor and Debtor 3:1.) And if she admits the debt to him, the court forces her to pay him that which she owes him. And if she denies [it], she takes an oath and is exempted. And if the surety gets lost or burnt before he returns it, he is liable for lashes. So wrote Rambam, may his memory be blessed; but certainly the debtor accepts to pay the payment of his debt. And, if so, I wonder how it is [that he should] be lashed and [also] pay.