Halacha:

Shemittah 

Collections: Rabbi Weinberger: Forgiving Debt During The Shmitah Year

Description

Please refer to the first shiur in this series for the source text. If Shmitas K'safim (forgiving debt) today is not from the Torah and merely to remember shmitah, how is it possible that the sages instituted that the borrower must pay back nonetheless? The concept of "hefer beis din hefker" - a Jewish court's ability to separate a person from his possesions. How did Hillel have the authority to either go against (uproot) a Torah law, or against a decree of Chazal (the Sages)? What does it mean when the creditor says to beis din (Jewish court) " mosrani lachem" (I hand debts owed to me over to you)? What is the practical difference between a pruzbul (document that maintains a loan in the hands of a Jewish court) and the concept "mosrani lachem?"