Parshas Mishpatim
By Rabbi Dovid Zauderer
Introduction: Many Jews are familiar with the mitzvah of Shemittah. [The seventh year of the seven-year agricultural cycle mandated by the Torah in the Land of Israel is called the shemittah, or Sabbatical, year. During shemittah, the land is left to lie fallow and all agricultural activity, including plowing, planting, pruning and harvesting, is forbidden by Halacha (Jewish law)] The source for the mitzvah of shemittah can be found in this week’s Torah portion (see Exodus 23:10-11). However, it doesn’t apply today on a biblical level for a variety of reasons.]
But I am willing to bet that most of our precious Jewish brothers and sisters have never heard of the other shemittah that is mentioned in the Torah – Shemittas Kesafim, “cancellation of loans”.
Now if you’re scratching your head and saying “Shemittas K’what?”, no worries, – ‘cuz I have prepared just for you the following list:
FIFTEEN THINGS YOU NEED TO KNOW ABOUT SHEMITTAS KESAFIM:
(1) The basic law is as follows (see Deuteronomy 15:1-3). At the end of the Shemittah year, all loans are automatically cancelled and may not be collected afterwards (unless one write’s a pruzbul - see below).
(2) This year – 5782 on the Hebrew calendar - is a shemittah year in the Land of Israel. This means that this year just before Rosh Hashanah on Sunday September 25th 2022, all loans that were made – to be paid up before then – will become null and void.
(3) Unlike shemittah of the land, which is only an obligation in Israel, the obligation of shemittas kesafim applies both in Israel and the Diaspora. Most Halachic authorities hold that in our times, releasing one’s debts in the shemittah year is only a Rabbinical obligation.
(4) The Sefer HaChinuch in Mitzvah 84 writes that by commanding us to cancel our loans and debts the Torah is training our souls in the virtuous traits, the trait of generosity and a kind eye, and to fix great faith in our hearts towards G-d, blessed be He. And then our soul will be prepared to receive the good from the Master of all, which is included in blessing and mercy.
(5) Shemittah cancels a debt whether it was written in a document or it was just oral.
(6) If a borrower offers to pay back a loan after a shemittah year has passed, the lender is obligated to say mishameit ani (i.e. I forgive the loan). However, after technically forgiving the loan, the borrower is supposed to pay back the loan nonetheless. If the borrower does not agree to pay back after the lender says mishameit ani, the lender may make it implicitly clear to the borrower that he wishes to receive the money.
(7) A debt for unpaid purchases at a store isn't broken by the shemittah, unless the debt was established as a loan.
(8) A debt for a worker isn't broken by the shemittah, unless the debt was established as a loan.
(9) A loan which isn't collectable until after shemittah isn't broken by shemittah. For example, if a person has a loan that isn't collectable for 10 years, the shemittah doesn't break it before it is collectable.
(10) To avoid the issue of having one's debts broken during shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the prozbul. The prozbul is a halachic document established by a significant Beis Din. [Ed. note: Prozbul reminds me of the game Foosball, which comedian Mitch Hedberg calls a “combination of soccer and shish-kabob!”-dz]
(11) The pruzbul states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, one’s loans aren't canceled by shemittah.
(12) According to most opinions, the pruzbul should be written Erev Rosh Hashana of the year after Shemittah because the loans become nullified at the end of Shemita. However, some Halachic authorities hold that one should write it on Erev Rosh Hashana of the Shemittah year itself.
(13) In order for prozbul to be effective the borrower has to own a piece of land. If the borrower does not own land, the lender should give a small piece of land to him either as a gift or as a temporary loan (until after Rosh Hashana of the 8th year) so that the pruzbul can take effect.
(14) One pruzbul can be written for all loans.
(15) If one does not write a pruzbul, it’s praiseworthy for the debtor to repay the loan as a gift anyway.
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