What happens to the debts after Shmitat Ksafim?
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The question is rather simple - What happens to a loan after Shmitat Ksafim (I refer only to those entitled for Shmitah):
Is the debt fully annulled and the Shtar/agreement invalidated in this world's Beis Din and the heavenly court?
Does it become annulled in this world but it has to be returned towards the heavenly court?
Does it stay intact as a debt and if claimed (despite the transgression) must be returned in an earthly court, but the lender is only forbidden to demand to return it?
Whatever the answer is, does it happen automatically post-Shmitah like an Hefker Beis Din or one has to declare Shmitat Ksafim for every loan?
NB: How Shmitat Ksafim is different from Mechilat Chov (ÃÂÃÂÃÂÃÂê ÃÂÃÂÃÂ)?
halacha halacha-theory money shmita
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up vote
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The question is rather simple - What happens to a loan after Shmitat Ksafim (I refer only to those entitled for Shmitah):
Is the debt fully annulled and the Shtar/agreement invalidated in this world's Beis Din and the heavenly court?
Does it become annulled in this world but it has to be returned towards the heavenly court?
Does it stay intact as a debt and if claimed (despite the transgression) must be returned in an earthly court, but the lender is only forbidden to demand to return it?
Whatever the answer is, does it happen automatically post-Shmitah like an Hefker Beis Din or one has to declare Shmitat Ksafim for every loan?
NB: How Shmitat Ksafim is different from Mechilat Chov (ÃÂÃÂÃÂÃÂê ÃÂÃÂÃÂ)?
halacha halacha-theory money shmita
5
ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, ÃÂÃÂÃÂè ÃÂàÃÂéÃÂÃÂàÃÂàÃÂ; ÃÂÃÂè ÃÂÃÂ, ÃÂã âàäàÃÂÃÂ--ÃÂçÃÂàÃÂÃÂàÃÂ... ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, èÃÂàÃÂÃÂÃÂÃÂààÃÂÃÂàÃÂÃÂÃÂàÃÂ.
â Double AAâ¦
4 hours ago
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up vote
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up vote
4
down vote
favorite
The question is rather simple - What happens to a loan after Shmitat Ksafim (I refer only to those entitled for Shmitah):
Is the debt fully annulled and the Shtar/agreement invalidated in this world's Beis Din and the heavenly court?
Does it become annulled in this world but it has to be returned towards the heavenly court?
Does it stay intact as a debt and if claimed (despite the transgression) must be returned in an earthly court, but the lender is only forbidden to demand to return it?
Whatever the answer is, does it happen automatically post-Shmitah like an Hefker Beis Din or one has to declare Shmitat Ksafim for every loan?
NB: How Shmitat Ksafim is different from Mechilat Chov (ÃÂÃÂÃÂÃÂê ÃÂÃÂÃÂ)?
halacha halacha-theory money shmita
The question is rather simple - What happens to a loan after Shmitat Ksafim (I refer only to those entitled for Shmitah):
Is the debt fully annulled and the Shtar/agreement invalidated in this world's Beis Din and the heavenly court?
Does it become annulled in this world but it has to be returned towards the heavenly court?
Does it stay intact as a debt and if claimed (despite the transgression) must be returned in an earthly court, but the lender is only forbidden to demand to return it?
Whatever the answer is, does it happen automatically post-Shmitah like an Hefker Beis Din or one has to declare Shmitat Ksafim for every loan?
NB: How Shmitat Ksafim is different from Mechilat Chov (ÃÂÃÂÃÂÃÂê ÃÂÃÂÃÂ)?
halacha halacha-theory money shmita
halacha halacha-theory money shmita
edited 1 hour ago
Isaac Mosesâ¦
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Al Berko
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ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, ÃÂÃÂÃÂè ÃÂàÃÂéÃÂÃÂàÃÂàÃÂ; ÃÂÃÂè ÃÂÃÂ, ÃÂã âàäàÃÂÃÂ--ÃÂçÃÂàÃÂÃÂàÃÂ... ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, èÃÂàÃÂÃÂÃÂÃÂààÃÂÃÂàÃÂÃÂÃÂàÃÂ.
â Double AAâ¦
4 hours ago
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5
ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, ÃÂÃÂÃÂè ÃÂàÃÂéÃÂÃÂàÃÂàÃÂ; ÃÂÃÂè ÃÂÃÂ, ÃÂã âàäàÃÂÃÂ--ÃÂçÃÂàÃÂÃÂàÃÂ... ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, èÃÂàÃÂÃÂÃÂÃÂààÃÂÃÂàÃÂÃÂÃÂàÃÂ.
â Double AAâ¦
4 hours ago
5
5
ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, ÃÂÃÂÃÂè ÃÂàÃÂéÃÂÃÂàÃÂàÃÂ; ÃÂÃÂè ÃÂÃÂ, ÃÂã âàäàÃÂÃÂ--ÃÂçÃÂàÃÂÃÂàÃÂ... ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, èÃÂàÃÂÃÂÃÂÃÂààÃÂÃÂàÃÂÃÂÃÂàÃÂ.
â Double AAâ¦
4 hours ago
ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, ÃÂÃÂÃÂè ÃÂàÃÂéÃÂÃÂàÃÂàÃÂ; ÃÂÃÂè ÃÂÃÂ, ÃÂã âàäàÃÂÃÂ--ÃÂçÃÂàÃÂÃÂàÃÂ... ÃÂÃÂÃÂÃÂÃÂè ÃÂÃÂàÃÂéÃÂÃÂâÃÂê, èÃÂàÃÂÃÂÃÂÃÂààÃÂÃÂàÃÂÃÂÃÂàÃÂ.
â Double AAâ¦
4 hours ago
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1 Answer
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1. Does shemitat kesafim annul the loan, or merely forbid the lender from claiming?
The simple implication from Rambam Hilchot Shemitah v'Yovel 9:4 is that the loan is annuled.
ÃÂüÃÂðéöÃÂêôüéðÃÂç÷â ÃÂ÷ÃÂøüàÃÂðüÃÂõÃÂÃÂõàèùÃÂéàÃÂ÷éøüÃÂàøàéöÃÂàÃÂÃÂùæøÃÂõàéðÃÂÃÂôÃÂâôÃÂê ÃÂøÃÂֈÃÂ÷ÃÂÃÂùÃÂ:â
When the sun sets on the evening of Rosh HaShanah following shemitah, the debt is lost.
This is further indicated by his ruling in 9:28 that if a borrower nonetheless wishes to returns a loan after shemitah, he should stress that he is doing so as a gift, rather than as a repayment of any loan that continues to exist.
ÃÂðÃÂֈÃÂùÃÂÃÂ֏ ÃÂÃÂù ÃÂðüÃÂÃÂùÃÂôàÃÂòàôààÃÂùêõàÃÂðÃÂø ÃÂöÃÂøüàÃÂùÃÂÃÂ֏ ÃÂÃÂù éöÃÂÃÂôüàÃÂõàÃÂüÃÂðÃÂ÷êøüàøàÃÂòàôààÃÂùêõàÃÂðÃÂø:â
He should not say, "I am giving it to you to repay my debt", rather he should say, "It is mine, and I am giving it to you as a gift."
However, Yere'im 278 (in the old edition) argues that in fact, the debt does continue to exist, and it is simply prohibited for the lender to claim it.
àèÃÂàÃÂàÃÂéÃÂÃÂÃÂàÃÂçèàÃÂÃÂààÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂàæÃÂÃÂÃÂàÃÂçÃÂ"àéÃÂéÃÂÃÂÃÂ, äÃÂèÃÂé: ÃÂàÃÂÃÂ, ÃÂÃÂàÃÂêÃÂâààâàéÃÂêàÃÂàÃÂâæÃÂÃÂ, ÃÂÃÂêÃÂà'éÃÂÃÂÃÂ' ÃÂ'ÃÂàÃÂÃÂÃÂé', éÃÂà'éÃÂÃÂÃÂÃÂ' ÃÂÃÂêÃÂàÃÂçèàÃÂàÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂéÃÂÃÂâÃÂê êéÃÂÃÂààÃÂàÃÂéêÃÂ', äÃÂèÃÂé: êàÃÂÃÂ. ÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂÃÂÃÂê âàÃÂÃÂÃÂÃÂÃÂ, éÃÂàÃÂâÃÂàâàÃÂàÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂêÃÂÃÂêàÃÂÃÂÃÂæèÃÂ, ÃÂÃÂàâéàÃÂÃÂ, ÃÂÃÂàÃÂÃÂà'ÃÂÃÂàèéâ'â
It seems to me the éÃÂÃÂÃÂàin the verse is not 'forgiving', rather G-d commanded éÃÂéÃÂÃÂÃÂ, meaning, 'he should leave' and not claim it, until he [the borrower] gives it on his own. As it states, "Leave" and "Do not press". Because éÃÂÃÂÃÂàalways means 'leaving' and not 'forgiving', as it is written, "And in the seventh year leave it and abandon it", meaning "leave it". Therefore, the loan continues to exist as a debt against the borrower, and he should not keep this debt forever in his closet or treasury, and if he does this, he is a 'wicked borrower'.
Note that even in Rambam's view, although the debt is totally annulled and there is no obligation on the borrower to return, if he nevertheless chooses to do so (as a gift) the Sages are pleased with him.
Note further, that even in Yereim's view, that the debt still technically exists, the borrower will never be forced by a court to repay; rather the court will force the lender to renounce his claims - see the end of part 2 for details.
2. Does shemitat kesafim happen automatically?
Mordechai, Gittin 527 (quoting R. Avigdor HaCohen) argues that it does take place automatically.
ÃÂâàÃÂàÃÂéÃÂÃÂê ÃÂáäÃÂàçÃÂÃÂêÃÂ, éÃÂéÃÂÃÂâÃÂê ÃÂéÃÂÃÂê ÃÂÃÂÃÂÃÂÃÂ, ÃÂâ"ä éÃÂàÃÂÃÂè 'ÃÂéÃÂàÃÂàÃÂ', ÃÂÃÂàÃÂæÃÂàÃÂÃÂàÃÂèÃÂÃÂàâÃÂÃÂàÃÂÃÂÃÂÃÂèÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂàÃÂÃÂè ÃÂéÃÂÃÂÃÂ'... ÃÂÃÂè ÃÂÃÂÃÂè: àÃÂÃÂàÃÂàÃÂÃÂÃÂè ÃÂâÃÂèàÃÂæÃÂàÃÂÃÂçÃÂÃÂéÃÂ, ÃÂâ"ä éÃÂÃÂè çÃÂÃÂé ÃÂÃÂÃÂÃÂàÃÂéâê ÃÂÃÂÃÂÃÂ
With regards to shemitat kesafim I have received a tradition that the shemitah year cancels loans automatically, even if the lender does not say "I cancel". Rather, there is a commandment for him to state it, as is written, "This is the matter [lit. word] of the shemitah" ... This is similar to the case of a firstborn animal being born in one's flock, where there is a commandment to sanctify it [verbally], even though it is automatically sanctified from the time of its birth.
However, Yere'im 164 (in the new editions) argues, claiming that nothing happens without the lender's declaration.
ÃÂÃÂÃÂàéâÃÂè âÃÂÃÂàéÃÂÃÂâÃÂê, ÃÂÃÂààèéÃÂàÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂàâàäàÃÂÃÂÃÂÃÂ, éÃÂàÃÂÃÂàéÃÂàÃÂéÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂàÃÂäèÃÂâ, ÃÂÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, éÃÂéÃÂÃÂàÃÂàÃÂÃÂÃÂàÃÂÃÂéè æÃÂàÃÂÃÂÃÂæè, ÃÂÃÂÃÂê ÃÂÃÂàÃÂÃÂÃÂÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ' ... ÃÂÃÂàÃÂÃÂààèÃÂæàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ', ÃÂÃÂäÃÂÃÂàÃÂÃÂê ÃÂÃÂÃÂ
Regarding a debt after the shemitah year, the borrower may not keep it without the say-so of the lender. Until the lender declares it to be annulled, the borrower is obligated to repay it. Rather, the borrower should invite the lender to court for the purposes of cancelling the loan as the Creator commanded, and the court will oblige the lender to say "I cancel" ... And if the lender does not want to say "I cancel" the court will force him to.
(It seems to me that this is consistent with his position described above in part 1; if the loan continues to exist, then the borrower needs to make efforts to repay it, unless and until the lender has formally stated that he does not intend to press for collection of the debt.)
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
add a comment |Â
1 Answer
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1 Answer
1
active
oldest
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active
oldest
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active
oldest
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up vote
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1. Does shemitat kesafim annul the loan, or merely forbid the lender from claiming?
The simple implication from Rambam Hilchot Shemitah v'Yovel 9:4 is that the loan is annuled.
ÃÂüÃÂðéöÃÂêôüéðÃÂç÷â ÃÂ÷ÃÂøüàÃÂðüÃÂõÃÂÃÂõàèùÃÂéàÃÂ÷éøüÃÂàøàéöÃÂàÃÂÃÂùæøÃÂõàéðÃÂÃÂôÃÂâôÃÂê ÃÂøÃÂֈÃÂ÷ÃÂÃÂùÃÂ:â
When the sun sets on the evening of Rosh HaShanah following shemitah, the debt is lost.
This is further indicated by his ruling in 9:28 that if a borrower nonetheless wishes to returns a loan after shemitah, he should stress that he is doing so as a gift, rather than as a repayment of any loan that continues to exist.
ÃÂðÃÂֈÃÂùÃÂÃÂ֏ ÃÂÃÂù ÃÂðüÃÂÃÂùÃÂôàÃÂòàôààÃÂùêõàÃÂðÃÂø ÃÂöÃÂøüàÃÂùÃÂÃÂ֏ ÃÂÃÂù éöÃÂÃÂôüàÃÂõàÃÂüÃÂðÃÂ÷êøüàøàÃÂòàôààÃÂùêõàÃÂðÃÂø:â
He should not say, "I am giving it to you to repay my debt", rather he should say, "It is mine, and I am giving it to you as a gift."
However, Yere'im 278 (in the old edition) argues that in fact, the debt does continue to exist, and it is simply prohibited for the lender to claim it.
àèÃÂàÃÂàÃÂéÃÂÃÂÃÂàÃÂçèàÃÂÃÂààÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂàæÃÂÃÂÃÂàÃÂçÃÂ"àéÃÂéÃÂÃÂÃÂ, äÃÂèÃÂé: ÃÂàÃÂÃÂ, ÃÂÃÂàÃÂêÃÂâààâàéÃÂêàÃÂàÃÂâæÃÂÃÂ, ÃÂÃÂêÃÂà'éÃÂÃÂÃÂ' ÃÂ'ÃÂàÃÂÃÂÃÂé', éÃÂà'éÃÂÃÂÃÂÃÂ' ÃÂÃÂêÃÂàÃÂçèàÃÂàÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂéÃÂÃÂâÃÂê êéÃÂÃÂààÃÂàÃÂéêÃÂ', äÃÂèÃÂé: êàÃÂÃÂ. ÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂÃÂÃÂê âàÃÂÃÂÃÂÃÂÃÂ, éÃÂàÃÂâÃÂàâàÃÂàÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂêÃÂÃÂêàÃÂÃÂÃÂæèÃÂ, ÃÂÃÂàâéàÃÂÃÂ, ÃÂÃÂàÃÂÃÂà'ÃÂÃÂàèéâ'â
It seems to me the éÃÂÃÂÃÂàin the verse is not 'forgiving', rather G-d commanded éÃÂéÃÂÃÂÃÂ, meaning, 'he should leave' and not claim it, until he [the borrower] gives it on his own. As it states, "Leave" and "Do not press". Because éÃÂÃÂÃÂàalways means 'leaving' and not 'forgiving', as it is written, "And in the seventh year leave it and abandon it", meaning "leave it". Therefore, the loan continues to exist as a debt against the borrower, and he should not keep this debt forever in his closet or treasury, and if he does this, he is a 'wicked borrower'.
Note that even in Rambam's view, although the debt is totally annulled and there is no obligation on the borrower to return, if he nevertheless chooses to do so (as a gift) the Sages are pleased with him.
Note further, that even in Yereim's view, that the debt still technically exists, the borrower will never be forced by a court to repay; rather the court will force the lender to renounce his claims - see the end of part 2 for details.
2. Does shemitat kesafim happen automatically?
Mordechai, Gittin 527 (quoting R. Avigdor HaCohen) argues that it does take place automatically.
ÃÂâàÃÂàÃÂéÃÂÃÂê ÃÂáäÃÂàçÃÂÃÂêÃÂ, éÃÂéÃÂÃÂâÃÂê ÃÂéÃÂÃÂê ÃÂÃÂÃÂÃÂÃÂ, ÃÂâ"ä éÃÂàÃÂÃÂè 'ÃÂéÃÂàÃÂàÃÂ', ÃÂÃÂàÃÂæÃÂàÃÂÃÂàÃÂèÃÂÃÂàâÃÂÃÂàÃÂÃÂÃÂÃÂèÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂàÃÂÃÂè ÃÂéÃÂÃÂÃÂ'... ÃÂÃÂè ÃÂÃÂÃÂè: àÃÂÃÂàÃÂàÃÂÃÂÃÂè ÃÂâÃÂèàÃÂæÃÂàÃÂÃÂçÃÂÃÂéÃÂ, ÃÂâ"ä éÃÂÃÂè çÃÂÃÂé ÃÂÃÂÃÂÃÂàÃÂéâê ÃÂÃÂÃÂÃÂ
With regards to shemitat kesafim I have received a tradition that the shemitah year cancels loans automatically, even if the lender does not say "I cancel". Rather, there is a commandment for him to state it, as is written, "This is the matter [lit. word] of the shemitah" ... This is similar to the case of a firstborn animal being born in one's flock, where there is a commandment to sanctify it [verbally], even though it is automatically sanctified from the time of its birth.
However, Yere'im 164 (in the new editions) argues, claiming that nothing happens without the lender's declaration.
ÃÂÃÂÃÂàéâÃÂè âÃÂÃÂàéÃÂÃÂâÃÂê, ÃÂÃÂààèéÃÂàÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂàâàäàÃÂÃÂÃÂÃÂ, éÃÂàÃÂÃÂàéÃÂàÃÂéÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂàÃÂäèÃÂâ, ÃÂÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, éÃÂéÃÂÃÂàÃÂàÃÂÃÂÃÂàÃÂÃÂéè æÃÂàÃÂÃÂÃÂæè, ÃÂÃÂÃÂê ÃÂÃÂàÃÂÃÂÃÂÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ' ... ÃÂÃÂàÃÂÃÂààèÃÂæàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ', ÃÂÃÂäÃÂÃÂàÃÂÃÂê ÃÂÃÂÃÂ
Regarding a debt after the shemitah year, the borrower may not keep it without the say-so of the lender. Until the lender declares it to be annulled, the borrower is obligated to repay it. Rather, the borrower should invite the lender to court for the purposes of cancelling the loan as the Creator commanded, and the court will oblige the lender to say "I cancel" ... And if the lender does not want to say "I cancel" the court will force him to.
(It seems to me that this is consistent with his position described above in part 1; if the loan continues to exist, then the borrower needs to make efforts to repay it, unless and until the lender has formally stated that he does not intend to press for collection of the debt.)
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
add a comment |Â
up vote
7
down vote
1. Does shemitat kesafim annul the loan, or merely forbid the lender from claiming?
The simple implication from Rambam Hilchot Shemitah v'Yovel 9:4 is that the loan is annuled.
ÃÂüÃÂðéöÃÂêôüéðÃÂç÷â ÃÂ÷ÃÂøüàÃÂðüÃÂõÃÂÃÂõàèùÃÂéàÃÂ÷éøüÃÂàøàéöÃÂàÃÂÃÂùæøÃÂõàéðÃÂÃÂôÃÂâôÃÂê ÃÂøÃÂֈÃÂ÷ÃÂÃÂùÃÂ:â
When the sun sets on the evening of Rosh HaShanah following shemitah, the debt is lost.
This is further indicated by his ruling in 9:28 that if a borrower nonetheless wishes to returns a loan after shemitah, he should stress that he is doing so as a gift, rather than as a repayment of any loan that continues to exist.
ÃÂðÃÂֈÃÂùÃÂÃÂ֏ ÃÂÃÂù ÃÂðüÃÂÃÂùÃÂôàÃÂòàôààÃÂùêõàÃÂðÃÂø ÃÂöÃÂøüàÃÂùÃÂÃÂ֏ ÃÂÃÂù éöÃÂÃÂôüàÃÂõàÃÂüÃÂðÃÂ÷êøüàøàÃÂòàôààÃÂùêõàÃÂðÃÂø:â
He should not say, "I am giving it to you to repay my debt", rather he should say, "It is mine, and I am giving it to you as a gift."
However, Yere'im 278 (in the old edition) argues that in fact, the debt does continue to exist, and it is simply prohibited for the lender to claim it.
àèÃÂàÃÂàÃÂéÃÂÃÂÃÂàÃÂçèàÃÂÃÂààÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂàæÃÂÃÂÃÂàÃÂçÃÂ"àéÃÂéÃÂÃÂÃÂ, äÃÂèÃÂé: ÃÂàÃÂÃÂ, ÃÂÃÂàÃÂêÃÂâààâàéÃÂêàÃÂàÃÂâæÃÂÃÂ, ÃÂÃÂêÃÂà'éÃÂÃÂÃÂ' ÃÂ'ÃÂàÃÂÃÂÃÂé', éÃÂà'éÃÂÃÂÃÂÃÂ' ÃÂÃÂêÃÂàÃÂçèàÃÂàÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂéÃÂÃÂâÃÂê êéÃÂÃÂààÃÂàÃÂéêÃÂ', äÃÂèÃÂé: êàÃÂÃÂ. ÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂÃÂÃÂê âàÃÂÃÂÃÂÃÂÃÂ, éÃÂàÃÂâÃÂàâàÃÂàÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂêÃÂÃÂêàÃÂÃÂÃÂæèÃÂ, ÃÂÃÂàâéàÃÂÃÂ, ÃÂÃÂàÃÂÃÂà'ÃÂÃÂàèéâ'â
It seems to me the éÃÂÃÂÃÂàin the verse is not 'forgiving', rather G-d commanded éÃÂéÃÂÃÂÃÂ, meaning, 'he should leave' and not claim it, until he [the borrower] gives it on his own. As it states, "Leave" and "Do not press". Because éÃÂÃÂÃÂàalways means 'leaving' and not 'forgiving', as it is written, "And in the seventh year leave it and abandon it", meaning "leave it". Therefore, the loan continues to exist as a debt against the borrower, and he should not keep this debt forever in his closet or treasury, and if he does this, he is a 'wicked borrower'.
Note that even in Rambam's view, although the debt is totally annulled and there is no obligation on the borrower to return, if he nevertheless chooses to do so (as a gift) the Sages are pleased with him.
Note further, that even in Yereim's view, that the debt still technically exists, the borrower will never be forced by a court to repay; rather the court will force the lender to renounce his claims - see the end of part 2 for details.
2. Does shemitat kesafim happen automatically?
Mordechai, Gittin 527 (quoting R. Avigdor HaCohen) argues that it does take place automatically.
ÃÂâàÃÂàÃÂéÃÂÃÂê ÃÂáäÃÂàçÃÂÃÂêÃÂ, éÃÂéÃÂÃÂâÃÂê ÃÂéÃÂÃÂê ÃÂÃÂÃÂÃÂÃÂ, ÃÂâ"ä éÃÂàÃÂÃÂè 'ÃÂéÃÂàÃÂàÃÂ', ÃÂÃÂàÃÂæÃÂàÃÂÃÂàÃÂèÃÂÃÂàâÃÂÃÂàÃÂÃÂÃÂÃÂèÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂàÃÂÃÂè ÃÂéÃÂÃÂÃÂ'... ÃÂÃÂè ÃÂÃÂÃÂè: àÃÂÃÂàÃÂàÃÂÃÂÃÂè ÃÂâÃÂèàÃÂæÃÂàÃÂÃÂçÃÂÃÂéÃÂ, ÃÂâ"ä éÃÂÃÂè çÃÂÃÂé ÃÂÃÂÃÂÃÂàÃÂéâê ÃÂÃÂÃÂÃÂ
With regards to shemitat kesafim I have received a tradition that the shemitah year cancels loans automatically, even if the lender does not say "I cancel". Rather, there is a commandment for him to state it, as is written, "This is the matter [lit. word] of the shemitah" ... This is similar to the case of a firstborn animal being born in one's flock, where there is a commandment to sanctify it [verbally], even though it is automatically sanctified from the time of its birth.
However, Yere'im 164 (in the new editions) argues, claiming that nothing happens without the lender's declaration.
ÃÂÃÂÃÂàéâÃÂè âÃÂÃÂàéÃÂÃÂâÃÂê, ÃÂÃÂààèéÃÂàÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂàâàäàÃÂÃÂÃÂÃÂ, éÃÂàÃÂÃÂàéÃÂàÃÂéÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂàÃÂäèÃÂâ, ÃÂÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, éÃÂéÃÂÃÂàÃÂàÃÂÃÂÃÂàÃÂÃÂéè æÃÂàÃÂÃÂÃÂæè, ÃÂÃÂÃÂê ÃÂÃÂàÃÂÃÂÃÂÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ' ... ÃÂÃÂàÃÂÃÂààèÃÂæàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ', ÃÂÃÂäÃÂÃÂàÃÂÃÂê ÃÂÃÂÃÂ
Regarding a debt after the shemitah year, the borrower may not keep it without the say-so of the lender. Until the lender declares it to be annulled, the borrower is obligated to repay it. Rather, the borrower should invite the lender to court for the purposes of cancelling the loan as the Creator commanded, and the court will oblige the lender to say "I cancel" ... And if the lender does not want to say "I cancel" the court will force him to.
(It seems to me that this is consistent with his position described above in part 1; if the loan continues to exist, then the borrower needs to make efforts to repay it, unless and until the lender has formally stated that he does not intend to press for collection of the debt.)
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
add a comment |Â
up vote
7
down vote
up vote
7
down vote
1. Does shemitat kesafim annul the loan, or merely forbid the lender from claiming?
The simple implication from Rambam Hilchot Shemitah v'Yovel 9:4 is that the loan is annuled.
ÃÂüÃÂðéöÃÂêôüéðÃÂç÷â ÃÂ÷ÃÂøüàÃÂðüÃÂõÃÂÃÂõàèùÃÂéàÃÂ÷éøüÃÂàøàéöÃÂàÃÂÃÂùæøÃÂõàéðÃÂÃÂôÃÂâôÃÂê ÃÂøÃÂֈÃÂ÷ÃÂÃÂùÃÂ:â
When the sun sets on the evening of Rosh HaShanah following shemitah, the debt is lost.
This is further indicated by his ruling in 9:28 that if a borrower nonetheless wishes to returns a loan after shemitah, he should stress that he is doing so as a gift, rather than as a repayment of any loan that continues to exist.
ÃÂðÃÂֈÃÂùÃÂÃÂ֏ ÃÂÃÂù ÃÂðüÃÂÃÂùÃÂôàÃÂòàôààÃÂùêõàÃÂðÃÂø ÃÂöÃÂøüàÃÂùÃÂÃÂ֏ ÃÂÃÂù éöÃÂÃÂôüàÃÂõàÃÂüÃÂðÃÂ÷êøüàøàÃÂòàôààÃÂùêõàÃÂðÃÂø:â
He should not say, "I am giving it to you to repay my debt", rather he should say, "It is mine, and I am giving it to you as a gift."
However, Yere'im 278 (in the old edition) argues that in fact, the debt does continue to exist, and it is simply prohibited for the lender to claim it.
àèÃÂàÃÂàÃÂéÃÂÃÂÃÂàÃÂçèàÃÂÃÂààÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂàæÃÂÃÂÃÂàÃÂçÃÂ"àéÃÂéÃÂÃÂÃÂ, äÃÂèÃÂé: ÃÂàÃÂÃÂ, ÃÂÃÂàÃÂêÃÂâààâàéÃÂêàÃÂàÃÂâæÃÂÃÂ, ÃÂÃÂêÃÂà'éÃÂÃÂÃÂ' ÃÂ'ÃÂàÃÂÃÂÃÂé', éÃÂà'éÃÂÃÂÃÂÃÂ' ÃÂÃÂêÃÂàÃÂçèàÃÂàÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂéÃÂÃÂâÃÂê êéÃÂÃÂààÃÂàÃÂéêÃÂ', äÃÂèÃÂé: êàÃÂÃÂ. ÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂÃÂÃÂê âàÃÂÃÂÃÂÃÂÃÂ, éÃÂàÃÂâÃÂàâàÃÂàÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂêÃÂÃÂêàÃÂÃÂÃÂæèÃÂ, ÃÂÃÂàâéàÃÂÃÂ, ÃÂÃÂàÃÂÃÂà'ÃÂÃÂàèéâ'â
It seems to me the éÃÂÃÂÃÂàin the verse is not 'forgiving', rather G-d commanded éÃÂéÃÂÃÂÃÂ, meaning, 'he should leave' and not claim it, until he [the borrower] gives it on his own. As it states, "Leave" and "Do not press". Because éÃÂÃÂÃÂàalways means 'leaving' and not 'forgiving', as it is written, "And in the seventh year leave it and abandon it", meaning "leave it". Therefore, the loan continues to exist as a debt against the borrower, and he should not keep this debt forever in his closet or treasury, and if he does this, he is a 'wicked borrower'.
Note that even in Rambam's view, although the debt is totally annulled and there is no obligation on the borrower to return, if he nevertheless chooses to do so (as a gift) the Sages are pleased with him.
Note further, that even in Yereim's view, that the debt still technically exists, the borrower will never be forced by a court to repay; rather the court will force the lender to renounce his claims - see the end of part 2 for details.
2. Does shemitat kesafim happen automatically?
Mordechai, Gittin 527 (quoting R. Avigdor HaCohen) argues that it does take place automatically.
ÃÂâàÃÂàÃÂéÃÂÃÂê ÃÂáäÃÂàçÃÂÃÂêÃÂ, éÃÂéÃÂÃÂâÃÂê ÃÂéÃÂÃÂê ÃÂÃÂÃÂÃÂÃÂ, ÃÂâ"ä éÃÂàÃÂÃÂè 'ÃÂéÃÂàÃÂàÃÂ', ÃÂÃÂàÃÂæÃÂàÃÂÃÂàÃÂèÃÂÃÂàâÃÂÃÂàÃÂÃÂÃÂÃÂèÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂàÃÂÃÂè ÃÂéÃÂÃÂÃÂ'... ÃÂÃÂè ÃÂÃÂÃÂè: àÃÂÃÂàÃÂàÃÂÃÂÃÂè ÃÂâÃÂèàÃÂæÃÂàÃÂÃÂçÃÂÃÂéÃÂ, ÃÂâ"ä éÃÂÃÂè çÃÂÃÂé ÃÂÃÂÃÂÃÂàÃÂéâê ÃÂÃÂÃÂÃÂ
With regards to shemitat kesafim I have received a tradition that the shemitah year cancels loans automatically, even if the lender does not say "I cancel". Rather, there is a commandment for him to state it, as is written, "This is the matter [lit. word] of the shemitah" ... This is similar to the case of a firstborn animal being born in one's flock, where there is a commandment to sanctify it [verbally], even though it is automatically sanctified from the time of its birth.
However, Yere'im 164 (in the new editions) argues, claiming that nothing happens without the lender's declaration.
ÃÂÃÂÃÂàéâÃÂè âÃÂÃÂàéÃÂÃÂâÃÂê, ÃÂÃÂààèéÃÂàÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂàâàäàÃÂÃÂÃÂÃÂ, éÃÂàÃÂÃÂàéÃÂàÃÂéÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂàÃÂäèÃÂâ, ÃÂÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, éÃÂéÃÂÃÂàÃÂàÃÂÃÂÃÂàÃÂÃÂéè æÃÂàÃÂÃÂÃÂæè, ÃÂÃÂÃÂê ÃÂÃÂàÃÂÃÂÃÂÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ' ... ÃÂÃÂàÃÂÃÂààèÃÂæàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ', ÃÂÃÂäÃÂÃÂàÃÂÃÂê ÃÂÃÂÃÂ
Regarding a debt after the shemitah year, the borrower may not keep it without the say-so of the lender. Until the lender declares it to be annulled, the borrower is obligated to repay it. Rather, the borrower should invite the lender to court for the purposes of cancelling the loan as the Creator commanded, and the court will oblige the lender to say "I cancel" ... And if the lender does not want to say "I cancel" the court will force him to.
(It seems to me that this is consistent with his position described above in part 1; if the loan continues to exist, then the borrower needs to make efforts to repay it, unless and until the lender has formally stated that he does not intend to press for collection of the debt.)
1. Does shemitat kesafim annul the loan, or merely forbid the lender from claiming?
The simple implication from Rambam Hilchot Shemitah v'Yovel 9:4 is that the loan is annuled.
ÃÂüÃÂðéöÃÂêôüéðÃÂç÷â ÃÂ÷ÃÂøüàÃÂðüÃÂõÃÂÃÂõàèùÃÂéàÃÂ÷éøüÃÂàøàéöÃÂàÃÂÃÂùæøÃÂõàéðÃÂÃÂôÃÂâôÃÂê ÃÂøÃÂֈÃÂ÷ÃÂÃÂùÃÂ:â
When the sun sets on the evening of Rosh HaShanah following shemitah, the debt is lost.
This is further indicated by his ruling in 9:28 that if a borrower nonetheless wishes to returns a loan after shemitah, he should stress that he is doing so as a gift, rather than as a repayment of any loan that continues to exist.
ÃÂðÃÂֈÃÂùÃÂÃÂ֏ ÃÂÃÂù ÃÂðüÃÂÃÂùÃÂôàÃÂòàôààÃÂùêõàÃÂðÃÂø ÃÂöÃÂøüàÃÂùÃÂÃÂ֏ ÃÂÃÂù éöÃÂÃÂôüàÃÂõàÃÂüÃÂðÃÂ÷êøüàøàÃÂòàôààÃÂùêõàÃÂðÃÂø:â
He should not say, "I am giving it to you to repay my debt", rather he should say, "It is mine, and I am giving it to you as a gift."
However, Yere'im 278 (in the old edition) argues that in fact, the debt does continue to exist, and it is simply prohibited for the lender to claim it.
àèÃÂàÃÂàÃÂéÃÂÃÂÃÂàÃÂçèàÃÂÃÂààÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂàæÃÂÃÂÃÂàÃÂçÃÂ"àéÃÂéÃÂÃÂÃÂ, äÃÂèÃÂé: ÃÂàÃÂÃÂ, ÃÂÃÂàÃÂêÃÂâààâàéÃÂêàÃÂàÃÂâæÃÂÃÂ, ÃÂÃÂêÃÂà'éÃÂÃÂÃÂ' ÃÂ'ÃÂàÃÂÃÂÃÂé', éÃÂà'éÃÂÃÂÃÂÃÂ' ÃÂÃÂêÃÂàÃÂçèàÃÂàÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂéÃÂÃÂâÃÂê êéÃÂÃÂààÃÂàÃÂéêÃÂ', äÃÂèÃÂé: êàÃÂÃÂ. ÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂÃÂÃÂê âàÃÂÃÂÃÂÃÂÃÂ, éÃÂàÃÂâÃÂàâàÃÂàÃÂÃÂÃÂàÃÂâÃÂÃÂàÃÂêÃÂÃÂêàÃÂÃÂÃÂæèÃÂ, ÃÂÃÂàâéàÃÂÃÂ, ÃÂÃÂàÃÂÃÂà'ÃÂÃÂàèéâ'â
It seems to me the éÃÂÃÂÃÂàin the verse is not 'forgiving', rather G-d commanded éÃÂéÃÂÃÂÃÂ, meaning, 'he should leave' and not claim it, until he [the borrower] gives it on his own. As it states, "Leave" and "Do not press". Because éÃÂÃÂÃÂàalways means 'leaving' and not 'forgiving', as it is written, "And in the seventh year leave it and abandon it", meaning "leave it". Therefore, the loan continues to exist as a debt against the borrower, and he should not keep this debt forever in his closet or treasury, and if he does this, he is a 'wicked borrower'.
Note that even in Rambam's view, although the debt is totally annulled and there is no obligation on the borrower to return, if he nevertheless chooses to do so (as a gift) the Sages are pleased with him.
Note further, that even in Yereim's view, that the debt still technically exists, the borrower will never be forced by a court to repay; rather the court will force the lender to renounce his claims - see the end of part 2 for details.
2. Does shemitat kesafim happen automatically?
Mordechai, Gittin 527 (quoting R. Avigdor HaCohen) argues that it does take place automatically.
ÃÂâàÃÂàÃÂéÃÂÃÂê ÃÂáäÃÂàçÃÂÃÂêÃÂ, éÃÂéÃÂÃÂâÃÂê ÃÂéÃÂÃÂê ÃÂÃÂÃÂÃÂÃÂ, ÃÂâ"ä éÃÂàÃÂÃÂè 'ÃÂéÃÂàÃÂàÃÂ', ÃÂÃÂàÃÂæÃÂàÃÂÃÂàÃÂèÃÂÃÂàâÃÂÃÂàÃÂÃÂÃÂÃÂèÃÂ, ÃÂÃÂêÃÂà'ÃÂÃÂàÃÂÃÂè ÃÂéÃÂÃÂÃÂ'... ÃÂÃÂè ÃÂÃÂÃÂè: àÃÂÃÂàÃÂàÃÂÃÂÃÂè ÃÂâÃÂèàÃÂæÃÂàÃÂÃÂçÃÂÃÂéÃÂ, ÃÂâ"ä éÃÂÃÂè çÃÂÃÂé ÃÂÃÂÃÂÃÂàÃÂéâê ÃÂÃÂÃÂÃÂ
With regards to shemitat kesafim I have received a tradition that the shemitah year cancels loans automatically, even if the lender does not say "I cancel". Rather, there is a commandment for him to state it, as is written, "This is the matter [lit. word] of the shemitah" ... This is similar to the case of a firstborn animal being born in one's flock, where there is a commandment to sanctify it [verbally], even though it is automatically sanctified from the time of its birth.
However, Yere'im 164 (in the new editions) argues, claiming that nothing happens without the lender's declaration.
ÃÂÃÂÃÂàéâÃÂè âÃÂÃÂàéÃÂÃÂâÃÂê, ÃÂÃÂààèéÃÂàÃÂÃÂàÃÂâÃÂÃÂàÃÂÃÂàâàäàÃÂÃÂÃÂÃÂ, éÃÂàÃÂÃÂàéÃÂàÃÂéÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, ÃÂÃÂÃÂàÃÂäèÃÂâ, ÃÂÃÂàÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂàÃÂÃÂÃÂÃÂ, éÃÂéÃÂÃÂàÃÂàÃÂÃÂÃÂàÃÂÃÂéè æÃÂàÃÂÃÂÃÂæè, ÃÂÃÂÃÂê ÃÂÃÂàÃÂÃÂÃÂÃÂÃÂàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ' ... ÃÂÃÂàÃÂÃÂààèÃÂæàÃÂÃÂÃÂÃÂàÃÂÃÂÃÂè 'ÃÂéÃÂÃÂàÃÂàÃÂ', ÃÂÃÂäÃÂÃÂàÃÂÃÂê ÃÂÃÂÃÂ
Regarding a debt after the shemitah year, the borrower may not keep it without the say-so of the lender. Until the lender declares it to be annulled, the borrower is obligated to repay it. Rather, the borrower should invite the lender to court for the purposes of cancelling the loan as the Creator commanded, and the court will oblige the lender to say "I cancel" ... And if the lender does not want to say "I cancel" the court will force him to.
(It seems to me that this is consistent with his position described above in part 1; if the loan continues to exist, then the borrower needs to make efforts to repay it, unless and until the lender has formally stated that he does not intend to press for collection of the debt.)
edited 1 hour ago
answered 3 hours ago
Joel K
8,9121666
8,9121666
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
add a comment |Â
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
Hat-tip to this excellent shiur on the VBM where all these sources (and much more) can be found.
â Joel K
3 hours ago
add a comment |Â
5
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â Double AAâ¦
4 hours ago