DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 530 KB)
It It Permissible To Release A Person From A Debt On Shabbat Or Is It Considered A Prohibited Shabbat Transaction

If somebody is owed money, is it permissible to formally waive the debt on Shabbat, or does this violate the prohibition against legal transactions on Shabbat?

There is a debate among the authorities as to whether waiving a debt requires a Kinyan – a symbolic act of acquisition. If a Kinyan must be performed to formally waive a debt, then this would, indeed, be forbidden on Shabbat.

Chacham Ovadia Yosef, in his work Halichot Olam (vol. 3, p. 170), rules that Halacha distinguishes in this regard between loans that are taken with a Shetar (legal document), and those which involve a purely verbal commitment. If a Shetar was written, then waiving the debt requires a Kinyan, and is thus forbidden on Shabbat. In cases, however, of a purely verbal agreement, no Kinyan is necessary, and the lender would thus be allowed to announce his waiving of the debt. All the more so, Chacham Ovadia adds, in a case where the borrower is poor, such that waiving the debt constitutes a Mitzva, it would be permissible for the lender to cancel the debt on Shabbat.

Summary: A person who is owed money may waive the debt on Shabbat if there is only a verbal agreement between the lender and borrower; if they wrote a contract, then the lender may not waive the debt on Shabbat.

 


Recent Daily Halachot...
Vestot – Separating From One’s Wife When She is Prone to Becoming a Nidda
Nidda – May a Woman Perform the Seventh Day Inspection After Sunset?
Drinking From One’s Wife’s Cup When She is a Nidda
Celebrating with a Bride and Groom
Bathing After Immersing in a Mikveh
Laws of Nidda: The Hefsek Tahara Inspection
May a Man and Woman Marry if Their Fathers or Mothers Have the Same Name?
Men Immersing in a Mikveh on Ereb Shabbat
Cleaning One's Teeth Before Immersing in the Mikveh
Sleeping in Separate Beds When the Wife is a Nidda and When She Can Expect to Become a Nidda
May a Husband and Wife Sit on Each Other's Bed or Use Each Other's Linens When She is Nida?
Is A Woman Permitted To Follow The Opinion Of A Doctor Who Diagnoses Her Blood As Stemming From A Wound or From Her Impurity
Celebrating With The Bride and Groom
Eating Meat on the Day of Immersion in a Mikveh; Immersing with Braces, a Retainer or Temporary Fillings
Must a Woman Lift Her Feet While Immersing in the Mikveh?
Page of 239
3585 Halachot found