Pisqa’ 112¹

1

“Now, this is the procedure for the release:

every creditor shall release the debt owed him by his kinsman or brother” (Dt.15:2).

On this basis they taught:

[A debtor] who returns a debt in the Seventh year—

[the creditor] should reply to him:

I release it!

But if [the debtor] says:

Nevertheless [I prefer to repay the debt]!—

[the creditor] accepts it from him,

for it is said:

“This is the procedure (davar)² for the release” (Dt.15:2)–

[the creditor’s declaration of release is sufficient to meet his obligation]. ³

2

The Release-year releases a loan,

but the Jubilee-year does not release a loan.

Now, one might have reasoned otherwise:

Just as the Release-year,

which does not liberate slaves

[with fewer than seven years’ service],

does release a loan,

so, too, the Jubilee year,

which does liberate slaves (Lv.25:40)—

isn’t it only logical that

it should release a loan?

The Teaching states:

“Now, this is the procedure for the release:

every creditor shall release the debt” (Dt.15:2)—

[therefore,] the Release-year releases a loan,

while the Jubilee year does not release a loan.

Here is a logical argument proving that

the Release-year should liberate slaves:

Just as the Jubilee year,

which does not release a loan,

nevertheless liberates slaves (Lv.25:40)—

isn’t it only logical that

the Seventh year,

which does release a loan,

should also liberate slaves?

The Teaching states:

“In this year of the Jubilee, shall a man return to his property ” (Lv.25:13)—

[with no mention of the release of debts, therefore]:

the Seventh year releases a loan,

while the Jubilee year liberates slaves.⁴

3

“Every creditor shall release the debt owed him by his kinsman (Dt.15:2).

Is it possible to say that

even stolen property or collateral [must be released]?

The Teaching states:

“the debt owed him” (Dt.15:2)—

[this excludes obligation to release stolen or pledged objects].

Or [we might reason as follows]:

“The debt owed him” (Dt.15:2)—

is it possible to say that

[an employer must release] a worker’s back-pay

or a shop-keeper [must release] an extension of credit?

The Teaching states:

“Owed him by his kinsman” (Dt.15:2).

Now, if we are ultimately going to include all of these

[under the rule of the Release-year],⁵

what does the Teaching mean by:

“Owed him” (Dt.15:2)?

Just as owed him [implies that the debtor has]

a standing obligation [to pay the creditor],

so, too, all of these are standing obligations [rather than loans].

“He shall not dun” (Dt.15:2)—

this verse places [a dunning creditor] in violation of a proscription.

“His kinsman” (Dt.15:2)—

excluding outsiders [from protection from dunning].

“Or his brother” (Dt.15:2)—

excluding the resident alien [from protection from dunning]

“For you have declared a Release-year from HASHEM” (Dt.15:2)—

[the release of debts may be declared wherever you may be,]

whether in the Land or beyond the Land.

1. H:159-160; JN1:284-285.
2. Literally, “word.” The point is that, unlike a written document like the prozbul, for example, an oral declaration satisfies the creditor’s obligation to cancel the debt (see M. Shev.10:1-6 on prozbul).
3. =M. Shev. 10:8.
4. =Sifra, bahar, per. 3:6.
5. Cf. M. Shev.10:1; T. Shev.8:3.