Loan to a Gentile

Loan to a Gentile:[1]

The Shemitas Kesafim laws only apply to a loan made to a Jew. A loan that was made to a non-Jew is to be collected even after Shemitah.

 

Q&A

If one owes money to a non-observant Jew may he pay the lender back the money after the Shemitah?

Yes.[2] However some Poskim[3] rule that initially the borrower is to have a Peruzbal written on behalf of the lender.

 

If a non-observant Jew owes one money and a Peruzbal was not performed may the lender collect the money after Shemitah?

Yes.[4]



[1] Parshas Re’e 15/1-3 “Do not demand from your friend..A gentile you should collect from”; Sifri Re’e 112 “Your friend-this comes to exclude others”; Chinuch 447; Rashba 1/769; Rama 67/17

[2] Nitei Gavriel 32 footnote 7 based on Rosh 108/7 as there is no prohibition for the borrower to pay back the money.

[3] Sheivet Halevy 7/218; Nitei Gavriel 32/6

[4] See Halacha 4 in Q&A!; See also Grach Naah in Yagdil Torah 25 p. 82 for a discussion in whether a Mumar is at all included within the prohibition of being asked to pay back the loan.

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