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Revision as of 21:23, 18 August 2015 by YitzchakSultan (Created page with "# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b, Rambam (Shemittah VeYovel 9:4), Shulchan Aruch CM 67:7</ref...")
- At the end of the Shemittah year all loans are broken and may not be collected afterwards. Most opinions hold that this mitzvah applies today on a rabbinic level.
- The year 5775 or 2015 according to their coutning is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. 
- Shemittah breaks a debt whether it was written in a document or it was just oral.
- 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.
- 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.
- 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. 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, while others say it isn't broken. One should be strict and write a prozbul to avoid this issue.
- Gemara Erchin 28b, Rambam (Shemittah VeYovel 9:4), Shulchan Aruch CM 67:7
- 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.
- 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.
- Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2
- Shmuel in the Gemara Macot 3b, Shulchan Aruch CM 67:9
- 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.
- 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.
- Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)
- Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)
- Dvar Avraham 1:32