Monday, August 25, 2008

Halocho #155 - Repaying debts after Shmita

As we learnt yesterday, this year (5768) is a Shmita year. When Shmita ends on Rosh Hashana, so will the ability to request payment of certain loans. During Shmita one may collect ones debts. After Shmita ends one can no longer request the repayment of any loan that came due before the Shmita year ended. If the debtor repays the debt after Shmita, the creditor must say to him "I have forfeited the debt and you no longer owe me anything". If the debtor responds that he nevertheless wants to repay the creditor, then the creditor may accept the payment. If the debtor explicitly states that he wants to repay the loan, then the creditor may not accept the payment. A creditor may ask people to intercede on his behalf to ensure the debtor returns the loan as a gift. This applies to loans of money as well as items. Source: Kitzur Shulchan Aruch 180:13, 14 More about this tomorrow, - Danny Monday, 24 Av 5768

Please daven for a little girl - TAMAR bat NAAMA - תמר בת נעמה


  1. what if i give someone something that they want to buy and i tell them to pay me later?

  2. If you're not a shopkeeper then it's a loan and you should be sure to write a Prozbul ( which we learn about today.)

    If you write an IOU and clrealy write a date that it's due after Rosh Hashana then you don't need a Prozbul.

  3. How is Gemach money loans applied.
    I have a friend who could not get a loan due credit issues. I took a loan from a G'mach, & I loaned the friend the money.
    What sayith thee, Halocho-man?

  4. The Gemach may not have to write a Prozbul according to some opinions; but you can bet they will. They won't risk losing their money.

    You MUST write a Prozbul otherwise your buddy won't have to pay you back.
    (Halachicly he owes you money and you owe the Gemach money; even if he's repaying the Gemach directly.)

    Make sure to get a signed Prozbul from the Rov, and make sure to keep it in a safe place, so you can find it if you ever need to.

    You can write it now already; no need to wait for the last minute.

    (There are various opinions how to make a valid Prozbul. I didn't want to write about it. At the very least you'll have to sign it in front of 2 Kosher witnesses. Maybe in front of 3 "Dayanim". Depends how your Rabbi paskens.)

    With warm Shana Tova wishes for you and your wonderful family,

    - Danny