36 | SEPTEMBER 9 • 2021 

O

nce every seven years, 
the Torah prescribes a 
Sabbatical year for the 
Land of Israel. Agricultural work 
comes to a halt and produce of 
the trees is con-
sidered ownerless, 
free for the pick-
ing. 
There is anoth-
er, less known, 
component of 
the Sabbatical, or 
Shmita year, and 
that is the cancellation of debts. 
In Deuteronomy 15, it states, 
“
At the end of seven years you 
shall institute a remission. This 
is the matter of the remission: 
Every creditor shall remit his 
authority over what he has lent 
his fellow; he shall not press 
his fellow or his brother, for he 
has proclaimed a remission for 
Hashem.
”
You may have noticed some-
thing peculiar with how the 
Torah presents the concept of 
debt nullification. Let’s picture 
a modern-day court where the 
judge issues his ruling in favor of 
the defendant, and his decision is 
that no money is owed. How will 
the judge phrase his verdict?
Will he say the plaintiff may 
not collect any funds from the 

accused? Or will he say the 
defendant need not pay any 
money? The second option 
makes the most sense; address-
ing the one who now is exempt 
from paying. 
Yet, the Torah doesn’t direct its 
commandment of debt cancel-
lation at the borrower by telling 
him of his good fortune, that due 
to the Sabbatical year he doesn’t 
have to pay back the money he 
borrowed. Instead, it speaks to 
the lender and commands him 
not to attempt to collect the debt. 
The Torah’s unusual presentation 
of this idea makes us realize that 
we need to examine this concept 
a bit deeper. 

THE LENDER’S LESSON
It seems that the Torah’s nullifica-
tion of debt is in place primarily 
for the betterment of the lender; 
for him to learn and grow from 
the process. Through his will-
ingness to let go of collecting the 
money owed, although he may 
experience a financial setback, 
he will gain significant spiritual 
advancement. What exactly does 
the lender learn from relinquish-
ing his right to collect money 
rightfully owed to him?
The Chinuch, a 12th-century 
scholar, explains several benefits. 

First, the lender will learn to 
become a kinder, more magnan-
imous person by his willingness 
to adhere to the Torah’s principle 
of letting go of the debt. Also, 
in sync with the general theme 
of the Sabbatical year, he will 
reinforce his belief that despite 
his vast efforts in earning his 
livelihood, ultimately, sustenance 
comes from the Almighty. 
Just as a farmer abstains from 
working his land in the Shmita 
year, and refrains from his usual 
involvement in earning a living, 
here in debt forgiveness, the 
businessman is given a chance 
to demonstrate his faith in the 
Creator of the world. And, final-
ly, says the Chinuch, if one is 
willing to abstain from collecting 
even money that he rightfully 
deserves, he will certainly learn 
to distance himself from ever 
trying to gain a profit in a way 
that is dishonest or unlawful. 

THE DEBTOR’S ROLE
There are several indications that 
this law of debt cancellation was 
intended mostly for the character 
refinement of the lender and 
not exclusively to alleviate finan-
cial hardship for the borrower. 
First of all, even if the borrower 
is wealthy and can easily pay 

back the loan, still the debt is 
canceled, and the lender cannot 
collect. Also, in Psalm 37, written 
by King David, it states, “Wicked 
is the one who borrows and does 
not pay back.
”
We see clearly that the Torah 
expects a person to pay back 
money that he or she borrowed, 
so much so that it calls a debt 
defaulter “wicked,
” a rarely 
reserved phrase in the Torah, 
used only in limited circum-
stances. 
Furthermore, the Mishnah, the 
first recording of the Oral Torah 
(Sheviis 10:9-10), states that even 
when a loan is to be nullified by 
the Shmita year, the borrower 
should still approach the lender 
and attempt to pay back the 
loan. Clearly, once the lender has 
shown his willingness to abide 
by the Torah’s command of for-
giving the loan, he is allowed to 
receive the money and it is con-
sidered honorable for the lender 
to always pay back.
The Torah is primarily a guide-
book for the world on how each 
of us can grow into bigger, more 
developed people. It contains 
three types of mitzvahs, each 
reflecting a fundamental relation-
ship that makes up our lives. 
The first are mitzvahs that are 
between us and God, such as not 
worshipping idols and the kosher 
dietary laws. Then, there are the 
mitzvahs that are interpersonal, 
those that teach us how to treat 
others in a kind and respectful 
manner. Finally, there is also 
a section of mitzvahs that are 
between man and himself. 
These are the laws that guide 
a person through life and help 
advance and improve him into 
a better human being. Debt 
cancellation seems to be one 
from this last category. 
Its primary focus is to teach 
us the many lessons we have 
discussed; to become kinder 
people who place their trust in 
God and strive to earn a living 
in an upstanding and honest 
way. 

HIGH HOLIDAYS

The Lender and Borrower’s 
Roles During this Shmita Year

Rabbi Chaim 
Fink

