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...
“Lehem Mishneh” – The Two Loaves at the Shabbat Meal (Part 1)
“Kiddush Bi’mkom Se’uda” – Rice, Dates and Noodles
Kiddush At a Berit Mila on Shabbat; Hearing Kiddush in One Place and Eating in Another
Tasting the Shabbat Food on Ereb Shabbat
The Requirement to Eat or Drink Wine After Kiddush
Is It Permissible On Shabbat To Allow Security Video Cameras or Walk By A Light Activated By Motion Detector
Involving Oneself in Shabbat Preparations
The Case When Family Members Speak Before Drinkng The Wine After Kiddush Is Heard
Kiddush – If Somebody Forgot to Recite Kiddush on Friday Night; If Somebody Does Not Have Wine or Cannot Drink Wine
Reciting the Weekday Amida on Shabbat if No Siddur is Available
Asking Somebody to Peform Melacha After Accepting Shabbat Early
Eating the Friday Night Shabbat Meal Before Dark
Inviting a Non-Observant Jew to a Simha or to One’s Home on Shabbat
If One Spends Shabbat in a Hotel That Uses Electronic Keys
The Status of Electricity With Regard to Bishul Akum, Cooking on Shabbat, and Shabbat Candles
Page of 239
3585 Halachot found