Daily Halacha - Choshen Mishpat Laws, 4 Tammuz 5777
Understanding the laws of lending and debt forgiveness according to Jewish tradition
- הלכה יומית / מפסקי מרן
- פורסם ד' תמוז התשע"ז
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Is it permissible to lend money without a document or witnesses?
A person who wants to lend money to their friend must do so in the presence of witnesses, or through a document, handwritten note, or collateral. If one does not do this, they are transgressing the prohibition of "Do not place a stumbling block before the blind" [Yabia Omer 7, 7].
If a lender forgives a debt in their heart, are they permitted to receive their money back?
If one forgives their friend's debt, it is considered forgiven, even if they only forgave it in their heart without verbalizing it. The lender cannot collect the debt from the borrower.
However, if the lender was unaware of this law and collected the debt despite having forgiven it in their heart, they are not obligated to return the money as long as they did not explicitly state that they were forgiving the debt [Yabia Omer 3, 3].
Ach Tov VaChesed - Daily Halacha
