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...
Koser – Detaching Vegetation on Shabbat
Shabbat – Wearing Fine Clothes; Greeting the Shabbat When Reciting “Bo’i Kalla”
Placing a Lemon in Hot Water on Shabbat
May a Hotel Guest Drink Coffee That Was Prepared on Shabbat?
If One Realizes There is Something in His Pocket While Walking Outside on Shabbat
Asking a Gentile to Turn Off an Alarm on Shabbat
"Amira Le'nochri" – Asking a Gentile to Perform Melacha on Shabbat
Looking in a Mirror on Shabbat
Hiring a Non-Jew for Agricultural Work on Shabbat
Borer – Pouring Out the Liquid From Yoghurt Container or a Can of Olives
Laws of Borer That Apply When Preparing and Eating a Vegetable Salad
Borer – How Long Before a Meal May One Separate Foods?
Borer- Peeling Onions, Garlic and Fruits on Shabbat
Is it Permissible to Remove the Bones While Eating Fish on Shabbat?
Peeling Fruits and Vegetables on Shabbat and Yom Tob
Page of 239
3585 Halachot found