Parshas Tazriah-Metzorah 5786
- Torah Tavlin
- Apr 17
- 2 min read
Monetary, Interpersonal Laws and Din Torah (66)
Loans. Before Yom Tov we were discussing the laws of loans, including how and when to pay back a loan. We continue now.
Mechilah: Canceling/Forgiving a Debt. If someone owes money for a loan and many years go by without repayment, halacha does not have any statute of limitations, and he still owes the money. He cannot assume that since the lender did not ask for the money back, he has forgiven the debt.
Verbal Statements. If a lender tells the other party, “I forgive/cancel/nullify the debt,” there is no longer a debt. Even though no actual transaction was made, a verbal declaration is sufficient and he cannot back out [C.M. 241:2]. The cancellation is valid even before payment is due [SMA 66:55].
Partial. One can also cancel part of a debt [Shach 66:75].
Other Expressions of Mechila. Other expressions such as “You don’t have to pay me,” or “You don’t owe me,” are also considered a valid mechilah [see C.M. 7511].
Delayed Mechilah. A mechilah that is not valid immediately, such as: “The debt will be cancelled in ten days,” is a valid cancellation [Machane Efraim Asmachta 6].
Not in the Presence of the Borrower (לוה). A statement of mechilah works even if it is not said in the presence of the one who borrowed [Shach Y.D. 173:8]. This can happen by telling witnesses, or even saying to oneself without witnesses, “I forgive the debt of Reuven ...” [Even Hoezer 105:5].
Mechilah in One’s Mind. If one is mochel in his mind without expressing it verbally, some opinions [Maharshal brought in Bach C.M. 146:14] hold that it is a mechilah. However, many argue on this and say that it is not a valid mechilah [see Ketzos Hachoshen 12:1]. If one has such a case he should ask a shaila from a Dayan. A mechilah in writing is valid and one cannot change his mind to collect the money [RMA C.M. 40:1].
Nagging Borrower (לוה). If one forgave a debt because of the nagging of the borrower to do so, the Aruch Hashulchan [C.M. 12:5] writes that it is valid mechila and he cannot change his mind or claim he did so without actually meaning it.
(1) תשב"ץ קטן רנו, פרישה או"ח א:יד (2) מגן אברהם הובא במשנה ברורה או"ח א:ד (3) פרשת ויחי מט:כד (4) כלי יקר שם מא:נה