11. Loan to a Gentile

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11. 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 Shemita.

 

Q&A

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

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 Shemita?

Yes.[4]

 

Summary:

On Erev Rosh Hashanah of the end of the sixth year of Shemita [and also of the end of the seventh year of Shemita] one is to perform a Peruzbal in front of a court of three Jews. It is performed following Hataras Nedarim. One states before the tribunal “I hereby hand to you all the debts that are owed to me that I should be allowed to collect them whenever I desire.” Alternatively, a Beis Din is to write the above Nussach in a document and have the lenders sign their name on it.

 

Q&A

If a woman lent eggs or other food to her neighbor before Rosh Hashanah, must she perform a Peruzbal in order to collect back the eggs after Rosh Hashanah of Shemita?[5]

The lending of food to a neighbor has the same status as a loan. ]Thus a single woman who lends food items and the like before Rosh Hashanah needs to initially perform a Peruzbal if she desires to collect them back afterwards. If a married woman lent food items then it is included within the Peruzbal performed by her husband.[6]] Some[7] suggest for women to purposely lend food and then not collect it back after Rosh Hashanah in order to fulfill the Mitzvah of Shemita in its literal form.

 

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[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.

[5] Chida in Chaim Sheol 2/38-13; Ben Ish Chaiy Ki Savo 26

[6] See Nitei Gavriel 11/10 in name of Divrei Shalom 5/287

[7] Ben Ish Chaiy ibid

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