For donations Click Here

Debt that Shemittah Passed By

Scenario: A non religious Jew lends money, years pass and shemita passes, and he still didn’t get his money back. After shemita passes, the non religious lender becomes religious, and finds out that shemita exists and without a Prozbol he is not allowed to request the money from his friend.
Is there an exemption in such a case where the previously non religious Jew that lent the money can still collect?

Thanks,
Jack

Answer:

There is no special exemption for somebody who did not know this halacha.

However, outside Israel there is an opinion that it is permitted to demand the money, and Rav Moshe Feinstein (2:15) writes that this opinion can be relied on under extenuating circumstances of significant financial loss.

In addition, if the borrower is non-religious there is a possibility that the prohibition will not apply (Teshuvos Ve-Hanhagos), but this appears somewhat remote.

However, it is in any case permitted to remind the person of the debt, without claiming it. If the borrower will act nobly, he will pay back the money nonetheless, and it is permitted to receive the payment even after shemittah has passed by.

Note also that the law of cancellation of debt does not apply to a long-term debt, whose time of payment is after the shemittah year.

Best wishes, and I hope it works out.

Join the Conversation

1 Comment

Leave a comment

Your email address will not be published. Required fields are marked *