"ve'Zeh D'var ha'Shemitah". What are the implications of the word " D'var "?
R. Bachye #1 (citing Shevi?is 10:8), Da'as Zekenim, Rosh, Ba'al ha'Turim and Hadar Zekenim (on Bamidbar 35:6), citing Gitin 37b: It teaches us that, when a borrower comes to pay his debt after Sh'mitah, the creditor must declare "Meshamet Ani!" 1 2
R. Bachye #2 (citing Tosefta Shevi'is Perek 8): The word "D'var" teaches us that, just as Sh'mitah negates a debt, so too does it negate a Shevu'ah - where the debtor admitted to part of the claim and swore accordingly. 3
Seforno: When the Torah wrote in Mishpatim Sh'mos, 23:11 "ve'ha'Shevi'is Tishmetenah ... ", it meant that one should make Sh'mitas Kesafim (cancel the debt), as the Torah explains here.
See Torah Temimah, note 3.
If the borrower still wants to pay, he may declare ?Af-al-Pi Kein!? (See Gitin 37b, which permits the creditor to coerce him to do so) since "ve'Zeh D'var" - implies [only] one declaration (of cancellation - Rashi 37b) - Refer also to 15:2:1:1**). Hadar Zekenim, Da'as Zekenim and Rosh (citing Makos 2:8): Similarly, if a murderer be'Shogeg is exiled to an Ir Miklat, and the residents want to honor him, he must say 'I am a murderer, and in the event that they state 'Even so', he may accept from them.
See Torah Temimah, note 4.
How do we know that, even after the creditor has declared ?Meshamet Ani!?, the debtor is still permitted ? even encouraged - to repay the debt?
R. Bachye: Because, as opposed to Ribis, where the Torah places a La?av on the debtor, 1 here the Torah placed a La?av only on the creditor ? forbidding him to behave like a master towards the debtor, but not to forego his debt. 2
See ki-Seitzei 23:8.
R. Bachye: Indeed, the Mishnah in Shevi?is 10:9 praises a debto who repays the debt even after the termination of Sh?mitah. See R. Bachye who also discusses under what circumstances a debtor is permitted to forego the cancellation of the debt at the end of the Sh?mitah-year and other details pertaining o te Sh?mitah.
Why does the Torah use the double Lashon "ve'Zeh D'var ha'Shemitah, Shamot"?
What are the implications of "Kol Ba'al Masheh Yado"?
Tosefta Shevi'is, Perek 8: It confines Hashmatas Kesafim to the creditor himself, but to his heirs after he dies, who may claim the debt even after Sh'mitah. 1
Sifri: "Masheh Yado" implies 'a debt' - to preclude a theft and a deposit, 2 which the owner may claim after Shemitah.
Why does the Torah insert the (otherwise superfluous) words "Kol Ba'al Masheh Yado, asher Yasheh ... "?
Sifri: It incorporates the wages of a laborer and credit - which the shop-keeper transerred into a debt - in Din of Hashmatas Kesafim.
What are the connotations of "Lo Yigos ... "?
Targum Onkelos and Targum Yonasan: It is a La'av against claiming the debt from the debtor (Targum Onkelos) or pressing him for it (Targum Yonasan).
What are the ramifications of "Lo Yigos ... "?
Gitin, 30a: Where there is no need to claim, Hashmatas Kesafim does not apply. Consequently, if someone lends money to a Kohen, Levi or Yisrael on condition that he may keep their portion - of Terumah, Ma'aser Rishon or Ma'aser Ani, 1 respectively, he may continue to eat or sell even after the Sh'mitah year.
Makos, 3b: Refer to answer #1. Consequently, if Reuven lends Shimon for ten years, he is permitted to claim his debt when it falls due, since he was not permitted to claim it before the terminsation of the Sh'mitah. 2
If someone transgresses "Lo Yigos" and claims his debt after the Sh'mitah, is he obkigated to return it?
Torah Temimah: Someone who transgresses "Lo Yigos" and claims his debt after the Sh'mitah, is not obkigated to return it. 1
See Torah Temimah, note 11.
What are the implications of "Es Re'eihu ve'Es Achiv"?
Sifri: "Es Re'eihu" precludes a Nochri, and "ve'es Achiv", a Ger Toshav - from whom one may claim one's debt after the Sh'mitah.
Ha'amek Davar: It imlpies that, if one presses one's fellow-Jew to pay his debts after the Sh'mitah year, ultimately one will do the same to one's brother.
What is the meaning of "Ki Kara Sh'mitah la'Hashem"?
Rashbam: It means 'because Sh'mitah has arrived'. 1
Seforno: It means 'because Hashem called it Sh'mitah' - when He said "Tishmetenah" (in Sh'mos 23:11).
Targum Yonasan: It means 'because Beis-Din announced Sh'mitah'.
Rashbam: Like "Mikra'ei Kodesh" - in Emor Vayikra, 23:2.
Why did the Torah insert the (otherwise superfluous) phrase "Ki Kara Sh'mitah la'Hashem"?
