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...
Taking Fertility or Birth Control Pills on Shabbat
May a Doctor Receive Payment for Medical Services Provided on Shabbat?
Violating Shabbat for a Woman and Newborn After Childbirth, and for Fetal Distress During Pregnancy
Violating Shabbat to Care for a Woman After Childbirth
Violating Shabbat For the Sake of a Woman in Labor
Resuscitating an Unconscious Patient on Shabbat
Using Suppositories or an Enema on Shabbat
Taking A Blood Test on Shabbat
Exercising on Shabbat
The Use of a Baby Monitor on Shabbat
Food Cooked by a Gentile on Shabbat for an Ill Patient
Turning Off a Light for an Ill Patient on Shabbat
Desecrating Shabbat to Help a Frightened Child
Violating Shabbat to Treat a Fever
Desecrating Shabbat for a Tetanus Shot or After Ingesting Something Sharp or Toxic
Page of 239
3585 Halachot found