Ignoring a debt and then saying it's shmitah

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amother

Bronze

Thu, Sep 22 2016, 10:57 am

I realize this is a question for our rav. My dh would rather not bring it up to him. DH lent a "friend" $800 around 5 years ago. This person has made no effort whatsoever to pay back anything. He's a single guy who has an off the books low paying job and government benefits. My dh has asked him for $10 a week as a show of good faith. He always says he's broke. Never mind he posts pictures on FB eating with his friends at restaurants, hosting poker games, wearing fancy clothes, he always explains it away that someone sponsered it....anyway, I guess someone told him this year is shmittah because he told dh last week that he doesn't owe the debt anymore because shmittah got rid of it. Again, he never made any effort to pay a single dollar in 5 years. Does he have a legitimate claim?

L K

Thu, Sep 22 2016, 11:07 am

Maybe mention to the rav of your husband made a prozbol

ally

Thu, Sep 22 2016, 11:13 am

amother wrote:

Shmittah was two years ago.
And yes - pruzbul is the loophole.

amother

Bronze

Thu, Sep 22 2016, 11:34 am

ally wrote:

Shmittah was two years ago.
And yes - pruzbul is the loophole.

Educate me please. My understanding is that if there was a pruzbul, shmittah would have no effect on the loan. But there wasn't a pruzbul, so how would that help now?

doctorima

Thu, Sep 22 2016, 12:00 pm

This year is not Shemittah, but it was a couple of years ago. Many men have the custom of making a prozbul document right before Rosh Hashana of Shemittah to avoid this from happening. If your DH made one, the borrower has no argument.

If he didn't make one, frustrating as it is, I believe that he's technically right that you can no longer force him to pay, though I think he's still allowed to pay if he wants to do the right thing (doesn't sound like that's the case, unless a Rav can twist his arm). Definitely advise your DH to speak to your LOR to discuss it.

amother

Violet

Thu, Sep 22 2016, 1:13 pm

Do they have a written agreement?

causemommysaid

Thu, Sep 22 2016, 1:24 pm

Can't u take him to small claims court?

doctorima

Thu, Sep 22 2016, 2:56 pm

As Orthodox Jews we live according to halacha, which means we go to Bais Din. And if the Bais Din would say that DH can't collect because he didn't make a Prozbul and Shemittah intervened, then that's the halacha, and it would actually be considered stealing to go to small claims court and collect the money.

amother

Violet

Thu, Sep 22 2016, 2:59 pm

doctorima wrote:

What about dinei malchusa? Is that not relevant here?

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