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Section: Questions   Category: Halacha
  A r c h i v e s
Halacha - Smittah loan nullification
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: Yes Shmitta still does cancel loans, even today and even in Chutz l'Aretz.
posted:2009-09-25 13:34:51  (0) comments   email to a friend


Halacha - shemittah
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: According to the Beis Yosef and minhag Yerushalaim there is no Kedushas Shvi'is on peiros nochri and therefore there is no obligation of biur at all. The only issue would be for one who is machmir like the Chazon Ish.
posted:2009-03-15 01:39:49  (2) comments   email to a friend


Halacha - fruits from a tree
Submitted by schonfeld betty  Answered by Rav Peretz Moncharsh
Question:
Answer: There is no ba'al tashchis on something that is forbidden to eat, and the fruit should be destroyed to avoid anyone eating it by mistake. I assume your question about herbs relates to Shmitta. If they are being picked at this time they are not an issue and are not considered Shmitta produce.
posted:2009-01-04 06:50:54  (0) comments   email to a friend


Halacha - shmita
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:

I don't see what problem there could potentially be with the situation you describe, but there may be practical issues I am not familiar with. The phone number for the Eida Charedis is 02 625-1651 and if you explain the circumstances they should tell you the Halacha and also the reason behind it. If you have any further questions after speaking to them, feel free to contact me again and I will do the best of my ability to explain what they tell you.

posted:2008-12-21 07:38:25  (0) comments   email to a friend


Halacha - Shmittat Ksafim
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:

1) While a positive balance on a bank account is considered a loan since the bank may use the money for whatever purpose they choose, according to most opinions one may still withdraw the money from a Jewish-owned bank after Shmitta even if no pruzbol was made. The reasons are that the bank is a corporation not an individual and many opinions hold that a corporation does not need to forgive loans nor are loans made to a corporation forgiven. Additionally, since the bank is closed when Rosh HaShana begins it is considered by many to be a loan whose time for payment has not yet arrived. However, one should still preferably make a pruzbol on a bank deposit to cover the other opinions.

2) The Kol Sofer and Mishnas Yosef write that one should accept the loan in order that the borrower fulfill his ruach chachomim nocha mimenu, I didn't see any discussion why his intention is not sufficient. Reb Shlomo Zalman Aurbach zatzal adds that even after shmitta cancels the obligation to repay the loan the loan itself still remains and it is not completely a gift to return the loan. Therefore there is no concept of sone matanos yichye to refuse to accept the gift/repayment.

posted:2008-10-28 10:19:10  (2) comments   email to a friend


Halacha - Esrog
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer:

While the Halacha is that generally speaking Shmitta produce may not be exported out of Eretz Yisroel because biyur must be done in Eretz Yisroel, but esrogim are generally an exception because of the difficulty in finding reliable esrogim grown in Chutz LaAretz. So you should be able to find Israeli esrogim this year, just be careful to treat them properly, as described in a different response.

posted:2008-10-11 23:02:36  (0) comments   email to a friend


Halacha - shmitta esrog
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: In both cases the esrog has Kedushas Shviis and must be returned to Eretz Yisroel for biyur before Tu B'Shvat. Also, care must be taken not to damage the esrog in any way.
posted:2008-10-04 22:58:06  (0) comments   email to a friend


Halacha - Pruzbul
Submitted by Yaakov Rosenes  Answered by Rav Peretz Moncharsh
Question:
Answer:

Shmitta Mishametes B'Tchilaso means that last year Rosh HaShana cancelled all outstanding debts and not this Rosh HaShana. However, we pasken that tit is this Rosh HaShana following Shmitta that cancels debts. He should know that if he already wrote his pruzbol now, a week before Rosh HaShana, that it does not cover any loans given between the writing of the pruzbol and the end of the year. Therefore, it is preferable to wait until Erev Rosh HaShana to write the pruzbol.

posted:2008-09-23 14:18:55  (0) comments   email to a friend


Halacha - Esrog Picking
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: You may only take as many esrogim as you need, generally one per person. More than that is considered wasting, not using, Shmitta fruit. If you always buy 2 esrogim, say a Chazon Ish and a Teimani, that would be permitted because you are using both.
posted:2008-09-15 14:19:28  (0) comments   email to a friend


Halacha - shviit
Submitted by josef h  Answered by Rav Peretz Moncharsh
Question:
Answer:

There is zman biyur on Shviis wine, and it is on Pesach of the 8th year. However, assuming biyur was done properly by removing it from ones possession and declaring it ownerless in front of three people in the correct time, the wine may be consumed afterwards. I don't know in your situation if anyone is taking responsibility that biyur was done properly, the Hashgacha can't take responsibility for anything that happens after the wine is bottled.

posted:2008-08-27 23:21:04  (0) comments   email to a friend


Halacha - After Shmittah
Submitted by Levi Bookin  Answered by Rav Peretz Moncharsh
Question:
Answer: There is no problem of Shmitta on potting soil.
posted:2008-08-18 01:10:25  (0) comments   email to a friend


Halacha - Shmitah
Submitted by Aaron Swirski  Answered by Rav Peretz Moncharsh
Question:
Answer:

Let me see if I understand your question correctly. I assume this friend is not Shomer Shviis and there is reason to be concerned that he was not mafkir his fruits and even worked on his trees in Shmitta. I also assume that when you write that you buy fruit from the supermarket that you mean that you rely on the Beis Yosef and Minhag Yerushalaim, and not the stricter opinion of the Chazon Ish. If this is what you meant, than in this case the Beis Yosef is actually more stringent than the Chazon Ish and the produce is forbidden to eat, and one may not take the leniencies of both sides.

posted:2008-08-07 09:22:08  (0) comments   email to a friend


Halacha - Shmita
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: While there are leniencies that apply to tending produce grown indoors (potentially including greenhouses) and also regarding plants grown in a container completely detached from the ground, there are still many laws of Shmitta that do apply and many relevant Halachos that have to be taken into account. One example is that tending existing plants would be permitted, but planting new ones would not.
posted:2008-05-26 16:36:10  (0) comments   email to a friend


Halacha - Collecting Bad Debts
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: Generally speaking as long as one did not say explicitly that he forgives a debt the money is still owed and certainly may be accepted. However since 2000-2001 was Shmitta, Rosh HaShana of 2001 eliminated the debt if no pruzbol was made. Therefore, you would have to tell the borrower that he need not pay back, and only if he continues to insist on paying may you accept the money.
posted:2008-04-14 19:23:45  (0) comments   email to a friend


Halacha - etrog liqueur
Submitted by anonymous  Answered by Rav Peretz Moncharsh
Question:
Answer: One may not make liqueur from an esrog that has kedushas shvi'is because it is not the common use of an esrog. If one did make the liqueur already he must keep in mind the zman habiur. However, most esrogim availible now started growing before Rosh HaShana and do not have kedushas shvi'is.
posted:2008-04-13 09:30:53  (2) comments   email to a friend


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