"וזה דבר השמיטה" - Selected Halachos of Shemita (1)
Shemitas Kesafim. Even though we have not finished the topic of kitchen halachos, it is timely and wise to discuss some important and relevant topics dealing with Shemita, the seventh year which is coming to a close. This will also include one area which indeed has to do with kitchen halachos. For those of us who live outside of Israel, there are three sets of relevant halachos. 1) The halachos of Shemitas Kesafim - cancellation of debt that takes place at the end of the year unless a Pruzbul document is written. 2) The laws regarding Esrogim, Lulavim and Hadassim that come here from Israel before Sukkos. 3) The laws of Israeli food and produce that comes to chutz la’aretz during this season and in the first half of the next year, and processed foods that can last longer and come here even later.
Shemitas Kesafim: Cancellation of Debt. Even though most laws of Shemita are only applicable in Eretz Yisroel and the produce that is grown there, the cancellation of debt which occurs as the Shemita year ends, is certainly relevant in any country, since it is not a “land-based” mitzvah.
Regarding the agricultural aspects of Shemita, there is a machlokes whether nowadays they are Torah-based or Rabbinic laws. However, all agree that the cancellation of debt is nowadays a Rabbinic decree.
Which Debts Are Canceled? Any loan of money or items [e.g. eggs where the item is used and other eggs are paid back] whose time of payment has come before the end of the year, and there is no collateral in the creditors’ hands, is canceled. Wages, credit for purchased items, such as grocery stores who let customers charge, payment due for services such as a doctor, are all not cancelled by Shemita since they are not classical loans. However, it is wise for workers, stores that grant credit, doctors and other services, to make a pruzbul document because their debt sometimes turns into classical loans due to a deep halachic concept called “zokfon alav b’milva” - establishing it on him as a classical debt. This happens, according to some Poskim, when he is billed, while according to others it happens when a total is calculated even before billing. Therefore, all those people or businesses should write a pruzbul document. We will iy”H continue on this topic next week.
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