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...
Giving a Monetary Gift on Condition That the Recipient Later Pays a Higher Amount
The Obligation of Repayment When One Does Not Know Who He Stole From
Proper Pronunciation of Words In “Az Yashir” Is Imperative
Is It Permissible For A Son To Treat His Father In The Case Where Blood Might Be Drawn
Is It Permissible To Smell/Inhale Dairy Products Within 6 Hours After Eating Meat
Yichud: Is It Permissible For A Man To Enter A Safe Deposit Room with a Female Bank Clerk
Reciting Ashrei and Giving Tzedaka During the Minha
The Status of a Kohen who Marries a Divorcee; Laws of "Tum'a" Relevant to a Kohen
Pronouncing Hashem's Name When Reading Verses Cited in the Talmud
May A Grandfather, Son, or Grandson Immediately Precede One Another For An Aliya At The Torah
Making "Hatarat Nedarim" When One Wishes to Discontinue a Voluntary Religious Practice, and Appointing Others To Make Hatara for You
Which Beracha to Recite When Eating Rice with Vegetables
Recommended Measures for Earning Atonement During the Weeks of "Shovevim"
The Danger of Certain Speech
Calling Somebody by a Derogatory Nickname
Page of 239
3585 Halachot found