[Avodah] prosbul question

Zev Sero via Avodah avodah at lists.aishdas.org
Wed Sep 16 15:07:37 PDT 2015

On 09/16/2015 05:41 PM, Lisa Liel via Avodah wrote:
> A friend of mine posted this question on Facebook:
>> Having failed to make a prozbul, I just spent some time looking
>> around at books and online. I see no discussion whatsoever on
>> whether the concept of shemittat kesafim applies to in-kind loans,
>> e.g. books I've loaned out. Does anyone know of a source that
>> addresses whether the shmittah year cancels an obligation to return
>> a loaned sefer, kli, whatever?

> I have no answer for her.  Does anyone here?

Shemita applies only to halva'ah, not to she'elah.  English uses the
same word, but they are very different transactions.   It's actually
strange that English, which is usually the most precise language, does
not distinguish them.

A book is a she'elah; the book remains her property, and she expects
the borrower to return it.  Thus it is not at all affected by shemita.
It is also not subject to the prohibition on ribbis; not only is there
absolutely nothing wrong with charging people to borrow your stuff,
the Torah explicitly endorses it as one of the four forms of shemirah.

Zev Sero               GChT
zev at sero.name

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