Shemitat Kesafim

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  1. At the end of the Shemittah year all loans are broken and may not be collected afterwards.[1] Most opinions hold that this mitzvah applies today on a rabbinic level.[2]
  2. The year 5775 or 2015 according to their coutning is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. [3]
  3. Shemittah breaks a debt whether it was written in a document or it was just oral.[4]
  4. If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.[5]
  5. 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.[6]
  6. If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.[7] If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt[8], while others say it isn't broken.[9] One should be strict and write a prozbul to avoid this issue.[10]

Sources

  1. Gemara Erchin 28b, Rambam (Shemittah VeYovel 9:4), Shulchan Aruch CM 67:7
  2. S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.
  3. Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.
  4. Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2
  5. Shmuel in the Gemara Macot 3b, Shulchan Aruch CM 67:9
  6. The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.
  7. Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.
  8. Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)
  9. Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)
  10. Dvar Avraham 1:32