Are Employee Salaries Canceled in the Sabbatical Year

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Question

I am a woman without a bank, debts, pension, or savings plan [I have already withdrawn social security], but I have done some work for which I have not yet been paid. Do I need to make a Prozbul?

Answer

There is a disagreement about whether employee salaries for their work are canceled in the Sabbatical year, so it is advisable to make a Prozbul.

Source

In the Mishnah Shevi'it (Chapter 10, Mishnah 1), it is stated that the Sabbatical year cancels debts documented and undocumented. "Store credit" is not canceled, but if it is made into a loan, it is canceled. "Wages" are not canceled, but if made into a loan, they are canceled. Two approaches explain why "store credit" and "wages" are not canceled. The first approach, which is the opinion of most early authorities, see Tosafot Gittin 18a, Tosafot Ketubot 55a, and others, is that only a loan is canceled, but a debt for a sale or work is not canceled. The second approach is the Rambam's opinion, according to the explanation of the Beit Yosef (Choshen Mishpat, Siman 67) and the Kesef Mishneh (Chapter 9, Laws of Shemitah and Yovel, Halacha 11), and also according to the law in the Sema (Siman 67, Sifkat 26) and Shulchan Aruch HaRav (Laws of Loans, Paragraph 39), that not only a debt created by a loan is canceled, but any debt, even if created by a sale or work. The reason "store credit" and "wages" are not canceled is because, in their time, it was customary to buy on credit for a long period, and only when a large amount accumulated, they paid. Therefore, at the end of the Sabbatical year, it was not yet a debt ready for collection, and thus it is not canceled. The same applies to "wages," which were not usually paid immediately but only after a large amount accumulated, and at the end of the Sabbatical year, it was not yet a debt ready for collection. There is a practical difference between these two approaches: in our time, when it is customary to pay after a short period, such as a monthly salary paid to an employee, according to most early authorities, it is not canceled because it is not a debt due to a "loan," but according to the Rambam, it is canceled. Also, "store credit" in our time, when it is customary to pay once a month, according to most early authorities, is not canceled (if there was no conversion into a loan) because it is included in the category of "store credit," but according to the Rambam, it is canceled because "store credit" mentioned in the Mishnah is only in a case where at the end of the Sabbatical year, the debt is not ready for collection. However, even in the case of "store credit," if there was "conversion into a loan," the debt is canceled [and this is the intention of the aforementioned Mishnah "if made into a loan, it is canceled"]. What is "conversion into a loan," there are many opinions, and we will list some of them: the opinion of the Rosh (Tractate Gittin, Chapter 7, Siman 17), that it is setting a time for repayment of the debt before Rosh Hashanah, and the opinion of the Mordechai (Tractate Shevuot, page 8 of the Mordechai), if he wrote the summary of all the debt together. (Azmera Leshimcha, Laws of Shemitah).

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