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...
What is the Proper Procedure For Making Up a Missed Reading of Shenayim Mikra Ve’ehad Targum?
How Should One Respond After Dreaming That He Committed a Sin?
The Obligation to Visit and Keep in Touch With One’s Parents
Hashkaba for an Infant; Which Name to Use When Reciting the Hashkaba Prayer
The Prohibition of Stealing From a Non-Jew, and Stealing Small Amounts of Money
Alenu – Pausing Before the Words “Va’anahnu Kor’im”
Seniut – Restrictions on Interaction Between Men and Women
Who Bears Liability When a Car Hits the Car In Front That Had Stopped Short?
Must One Stand When an Elderly Person Passes Near Him During Tefila?
The Proper Sequence When Listing the Names of the Matriarchs
Structures and Images That One May Not Make or Keep in the Home
Rosh Hashanah – Covering the Shofar While Reciting the Berachot
Must One Recite Birkat Ha’Torah Before Reading Biblical Verses as Prayer?
The Status of Wine That Was Looked at by an Idolater
The Sin of Mishkav Zachur (Homosexuality)
Page of 239
3585 Halachot found