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...
The Unique Importance of the Misva of “Peru U’rbu”
May a Grown Child Move Away From His Parents’ City?
Hacham Ovadia Yosef zt”l: In Memoriam
Folding Bedding on Shabbat
Is it permissible to wear a Bite Plate, Dentures, or Invisalign in the public domain on Shabbat
Bathing on Yom Tob
Sisit: may a Woman Wear Sisit?
Sisit: Removing the Strings from the Tallit
The Misva of Escorting Guests
Sisit: Where Should the Hole Be Placed?
Sisit: The Knots and the Coils
Sisit: The Ideal Strings for Sisit
Sisit- May One Tie Sisit to a Tallit at Night?
Sisit: Wrapping the Sisit String; Tying Knots at the Ends of the Sisit Strings
Sisit: Intent When Spinning the Strings
Page of 239
3585 Halachot found