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...
Ereb Rosh Hashanah – Charity, Hatarat Nedarim, Halla, and the Mikveh
Praying at the Cemetery on Ereb Rosh Hashanah
Rosh Hashanah – Are Women Required to Hear the Shofar?
Rosh Hashana- The Power of Shofar
Rosh Hashanah – Women’s Recitation of Musaf; Reading Hallel as Part of Tehillim
Rosh Hashana: Customs During the Torah Reading
Rosh Hashana- Answering Kadish During the High Holy Days
Rosh Hashanah – If One Cannot Hear the Beracha Over the Shofar
Rosh Hashana- Accepting the Ereb Rosh Hashanah Fast
Rosh Hashana- The Tekiot in Musaf
Answering to Kaddish on the High Holidays
The Custom to Fast on Ereb Rosh Hashanah
The Night of Ereb Rosh Hashanah
Rosh Hashanah: The Custom to Dip the Halla in Honey or Sugar, and to Use Round Hallot
Rosh Hashanah – The Order of the Simanim
Page of 239
3585 Halachot found