Proper Conduct for a Borrower When the Lender Did Not Make a Prozbul

Loans

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Question

I borrowed a sum from a friend and found out that the friend did not make a Prozbul. Should I take advantage of this fact and be exempt from the debt?

Answer

Shalom and blessings. The Sages (Shevi'it, Chapter 10) said, "He who repays a debt in the Sabbatical year, the spirit of the Sages is pleased with him." Therefore, even though the Sabbatical year has passed, the borrower should go and repay his debt. When the lender says to him, "I release you," he should respond, "Nevertheless, I wish to give it to you as a gift," and then the lender is permitted to accept it from him.

Source

Shulchan Aruch (Choshen Mishpat, Siman 67); Azmera Leshimcha (Laws of Shevi'it).

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