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 Proper Way to Hold the Sefer Torah When Receiving an Aliya
Customs Observed by One Who is Called to the Torah
Purchasing an Aliya to Express Gratitude for a Loan
Preparing the Sefer Torah in Advance; Receiving Two Aliyot to the Same Sefer Torah
Exceeding Three Aliyot on Monday or Thursday; Making Up a Missed Torah Reading
Concluding the Torah Reading on a Positive Note
Preparing Before Reading the Torah; The Different Customs When Calling Someone For an Aliya
Where May an Aliya Begin and End?
The Status of Someone Praying Outside of the Minyan
May One Recite Birkat Ha’Lebana When the Moon Becomes Concealed?
Should One Recite the Beracha of “HaNoten La’Yaef Koach”?
Explanation of the Word “Maftir”; The Preferred Aliya for a Yahrtzeit
Background and Explanation of the Maftir Reading
The Berachot Before and After the Haftara
The Bedtime Shema
Page of 239
3585 Halachot found