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...
Sukkot – Hiring a Non-Jew to Build a Sukka
Halachot of the Tefilot and Kiddush of Shemini Aseret
Succot: Are The Lulav and Etrog Mukse on Shabbat?
The Fourth Day of Sukkot – The Ushpizin of Moshe Rabbenu
The Preferred Time for Lulab and Etrog
Succot: The Halachot of Etrog
Is it Permissible to use Zip Ties to Secure the Sechach
May Non-Jew Build Your Sukka?
Announcing the Transition to “Mashib Ha’ru’ah” on Shemini Aseret
When Does One Begin Reciting “Mashib Ha’ruah” on Shemini Aseret if He Prays Alone?
Succot- Performing Hakafot on Shemini Aseret
Shopping on Hol Ha’mo’ed
Succot: Distributing Charity on Ereb Succot
Succot: Spots on the Etrog
Sukkot – Preferences When Purchasing an Etrog
Page of 239
3585 Halachot found