The shemita, sabbatical, year has come and gone and loans have been forgiven. Today’s daf TB Gittin 37 provides a script that allows the one who loans money to recover the loan.
“In the case
of one who repays a debt to his friend during the Sabbatical Year, the
creditor must say to him: I abrogate the debt, but if the debtor
then said to him: Nevertheless, I want to repay you, he may accept it
from him, as it is stated: “And this is the manner [devar] of the
abrogation” (Deuteronomy 15:2). From the fact that the verse employed a
term, devar, that can also mean: This is the statement of the
cancellation, the Sages derived that the creditor must state that he cancels
the debt, but he is allowed to accept the payment if the debtor insists on
repaying.” (Sefaria.org translation)
Rabba
explains what the person who loans the money can do to encourage the borrower
to follow the script.
“Rabba
said: And the creditor is permitted to lift up (וְתָלֵי לֵיהּ)
his eyes to him hopefully, demonstrating that he wishes to accept the
payment, until the debtor says this, that he nevertheless wishes
to repay him. Abaye raised an objection to Rabba’s statement from a baraita:
When the debtor gives the creditor payment for a debt that has
been canceled he should not say to him: I give this to you in
payment of my debt; rather, he should say to him: This is my money and
I give it to you as a gift. This indicates that the debt is repaid only by
the initiative of the debtor. Rabba said to him: The creditor is
permitted to lift up his eyes to him hopefully as well, until
the debtor says this, that he gives it as a gift, but the initiative may
come from the creditor.” (Sefaria.org translation)
The lifting
of the eyes according to many commentators means that the one who loans money
stares at the person’s purse to hint that he wants his money back. (Ramban
Rosh, Riyba,Meiri, and others) However, other commentators hold that you can
actually hang the person upside down until he says “Nevertheless, I want to
give you the money.” (Rashi)
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