"וזה דבר השמיטה" - Selected Halachos of Shmittah (8)
Important Alert: Many of the things discussed recently regarding Israeli produce from Shmitta ending up in our stores, has become quite relevant with many carrots from non-Shmitta observant farms being found in kosher supermarkets. For example, carrots from Dorot Farms and those labeled “GO carrots” should not be bought. Information about all Israeli produce in American stores is available at 732-901-9246.
Shmittas Kesafim. Another aspect of Shmitta is the cancellation of debts that takes place at the end of the Shmitta year. There is a way around this called Pruzbul which many people will do before Rosh Hashana. To understand the mitzvos involved; which debts are and are not included, the way a Pruzbul works and how to actually make one, we need to understand the sources of the halachos. There is a מצות עשה of"שמוט" - Release (the debt), and aלא תעשה of"לא יגוש" - Do not demand payment (1). Also, since according to most Poskim, the cancellation happens by itself (אפקעתא דמלכא), if one demands payment, and gets it, the Minchas Chinuch (2) calls him a "גזלן" - a thief, who is committing "לא תגזול" and possibly other aveiros as well.
Nowadays and outside Eretz Yisroel. According to Torah law this cancellation of debt is compared to the laws of Yovel (fiftieth year - “Jubilee”) that only apply when most of the Jewish people are living in the Land of Israel. Nowadays, when there is no Yovel, the cancellation of debt is Rabbinic in nature, but does apply outside of Israel, since it is not an agricultural mitzvah that pertains to the land. (The above is the opinion of most Poskim and is also a ‘“middle-of-the-road” approach as compared to others who hold it is a Torah obligation even today, and others who hold that it does not apply nowadays even Rabbinically.)
Letting it Go. The purpose of the mitzvah seems to be similar to the concurrent agricultural mitzvah of Shmitta. Just like one “lets go” of his land and demonstrates:
Recognition of Hashem’s ownership over the land,
Generosity to others who can take “his” produce,
Trust in Hashem by obeying Him and not working the land, so too, does the lender who “lets go” the money owed to him.
Gentiles, Ladies and Minors. During Shmitta, if one is owed money by a gentile the debt is not cancelled. Ladies are the same as men in all these halachos. If a minor lent money to another, there are two ways to look at this: 1) Since mitzvos do not apply to him, his debt remains valid. 2) Since this is a Torah cancellation of debt which happens by itself, it even applies to money owed to a minor. R’ Y. S. Elyashiv ZT”L ruled like the Minchas Chinuch (3) that a minor’s debt is cancelled, but they can make their own Pruzbul to prevent this from happening.
(1) דברים טו:ב (2) מ"ח מצוה תעז (3) שם תעז:ב
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