לֹֽא־תְתַעֵ֣ב אֲדֹמִ֔י כִּ֥י אָחִ֖יךָ ה֑וּא (ס) לֹא־תְתַעֵ֣ב מִצְרִ֔י כִּי־גֵ֖ר הָיִ֥יתָ בְאַרְצֽוֹ׃
Janganlah engkau menganggap keji orang Edom, sebab ia saudaramu. Janganlah engkau menganggap keji orang Mesir, sebab engkau dahulu adalah pendatang di negerinya.
Rabbeinu Bahya
וזה דבר השמטה, “and this is the matter of the remission;” our sages in Sheviit 10,8 explain that the lender tells the borrower who comes to him after the Shemittah year has elapsed (and he had failed to repay his loan on time), “I am releasing you from your debt.” If the borrower wants to voluntarily repay the sum he owes, the lender may accept it, seeing that the Torah did not forbid the borrower to repay his debt as opposed to loans with interest where the Torah specifically forbade both the payment of and the accepting of interest on loans between Jews (Deut. 23,8). In the case of the Shemittah, the Torah imposed restrictions only on the lender, i.e. he must not harass the borrower to pay him. The concept is that during that year we must not act as if we owned the earth but must demonstrate our awareness and agreement that the earth is the Lord’s by our behavior in practice. This is the meaning of כי קרא שמטה לה', “for he proclaimed it a Shemittah for the Lord.”
Our sages in Sheviit 10,9 have said that when someone (a borrower) repays the lender what he owes him even though the Shemiitah year has elapsed, the Rabbis will relate very positively to such a person. On the other hand, if the borrower does not repay his debts even though he is legally in the clear, he risks that the lender will shame him by spreading the word that this borrower took advantage of the good nature of the lender and simply ate up his money.
There is a halachic provision whereby the borrower makes a declaration (entirely voluntarily) prior to receiving a loan that he waives his right not to repay the loan if for some reason he is unable to repay it before the Shemittah year ends. We have a general rule that all mutually agreed conditions involving money matters can override what the Torah wrote. Moreover, the lender is allowed to demand repayment during any time of the Shemittah year provided the year has not come to a close. This is why the Torah writes מקץ, “at the end.”
If someone who is owed money which should have been repaid prior to the Shemittah year hands over the I.O.U he is holding to a court of law asking the court to act as his collector, he cannot subsequently release the debtor from his debt seeing that the debtor is already considered as having been harassed, נגוש, so that the Torah’s warning not to harass the borrower can no longer be fulfilled. In such a situation the lender foregoes the right to ask for repayment (personally) as soon as the Shemittah year ends. (unless he had made an agreement with the borrower concerning this eventuality). Orphans who are of age (by the end of the Shemittah) and who are in possession of I.O.U.’s left to them by their father do not need to prove that the borrower had waived his right of non repayment of the debt at the end of the Shemittah year (Choshen Mishpat 67,29). These orphans are considered as if they actually had the requisite documents in their possession (Shevuot 45).
The laws pertaining to the release of overdue debts in the Shemittah year apply world-wide, as opposed to the laws pertaining to the earth and orchards, etc., which apply only in the land of Israel. The Rabbis decreed this in order that the whole concept of the Shemittah legislation not be forgotten during the long years of exile of the Jewish people.
The reason that the sheviit, seventh year, is capable of overriding certain oaths, is because the Torah writes here וזה דבר השמטה, using the word דבר, word, i.e. something uttered by the mouth. If someone swore to his creditor that he would pay him back the loan even though the Shemittah year would occur prior to the date of his repayment, even if he confirmed it in writing, etc., he need not keep his oath (Choshen Mishpat 67,6).
There is a conceptual linkage between the shemittah of lands, etc., and shemitat kesafim (monetary debts) seeing the Torah writes the word תשמטנה; in Exodus 23,11 the Torah had already spoken of releasing land, i.e. agricultural harvests, from the claims of ownership. It is fairly clear that in our portion another kind of shemittah, i.e. monetary debts, are referred to. Seeing that the applicability of this rule in the Diaspora is only rabbinic the Rabbis permitted the פרוזבול, the writing over of the debt to the Bet Hadin, court of law, as otherwise there would not be any people ready to extend interest-free loans which would prove uncollectable also. If someone borrows a sum of money for ten years the lender does not need to forgive the loan in the first shemittah year seeing it had not become due yet; you cannot release something to which you did not have a claim yet. If the loan is unpaid when the second shemittah year comes around, its laws apply to that loan.
Our sages in Sheviit 10,9 have said that when someone (a borrower) repays the lender what he owes him even though the Shemiitah year has elapsed, the Rabbis will relate very positively to such a person. On the other hand, if the borrower does not repay his debts even though he is legally in the clear, he risks that the lender will shame him by spreading the word that this borrower took advantage of the good nature of the lender and simply ate up his money.
There is a halachic provision whereby the borrower makes a declaration (entirely voluntarily) prior to receiving a loan that he waives his right not to repay the loan if for some reason he is unable to repay it before the Shemittah year ends. We have a general rule that all mutually agreed conditions involving money matters can override what the Torah wrote. Moreover, the lender is allowed to demand repayment during any time of the Shemittah year provided the year has not come to a close. This is why the Torah writes מקץ, “at the end.”
If someone who is owed money which should have been repaid prior to the Shemittah year hands over the I.O.U he is holding to a court of law asking the court to act as his collector, he cannot subsequently release the debtor from his debt seeing that the debtor is already considered as having been harassed, נגוש, so that the Torah’s warning not to harass the borrower can no longer be fulfilled. In such a situation the lender foregoes the right to ask for repayment (personally) as soon as the Shemittah year ends. (unless he had made an agreement with the borrower concerning this eventuality). Orphans who are of age (by the end of the Shemittah) and who are in possession of I.O.U.’s left to them by their father do not need to prove that the borrower had waived his right of non repayment of the debt at the end of the Shemittah year (Choshen Mishpat 67,29). These orphans are considered as if they actually had the requisite documents in their possession (Shevuot 45).
The laws pertaining to the release of overdue debts in the Shemittah year apply world-wide, as opposed to the laws pertaining to the earth and orchards, etc., which apply only in the land of Israel. The Rabbis decreed this in order that the whole concept of the Shemittah legislation not be forgotten during the long years of exile of the Jewish people.
The reason that the sheviit, seventh year, is capable of overriding certain oaths, is because the Torah writes here וזה דבר השמטה, using the word דבר, word, i.e. something uttered by the mouth. If someone swore to his creditor that he would pay him back the loan even though the Shemittah year would occur prior to the date of his repayment, even if he confirmed it in writing, etc., he need not keep his oath (Choshen Mishpat 67,6).
There is a conceptual linkage between the shemittah of lands, etc., and shemitat kesafim (monetary debts) seeing the Torah writes the word תשמטנה; in Exodus 23,11 the Torah had already spoken of releasing land, i.e. agricultural harvests, from the claims of ownership. It is fairly clear that in our portion another kind of shemittah, i.e. monetary debts, are referred to. Seeing that the applicability of this rule in the Diaspora is only rabbinic the Rabbis permitted the פרוזבול, the writing over of the debt to the Bet Hadin, court of law, as otherwise there would not be any people ready to extend interest-free loans which would prove uncollectable also. If someone borrows a sum of money for ten years the lender does not need to forgive the loan in the first shemittah year seeing it had not become due yet; you cannot release something to which you did not have a claim yet. If the loan is unpaid when the second shemittah year comes around, its laws apply to that loan.
Ramban
YOUR BRETHREN THE CHILDREN OF ESAU. The reason for this expression is that descent of Israel is from Abraham and all his seed are thus “brothers” because they were all circumcised. This is the purport of the verse, Thou shalt not abhor an Edomite, for he is ‘thy brother.’124Further, 23:8. Only the sons of the concubines125Genesis 25:6. [of Abraham], Ishmael, Midian126Ibid., Verse 2. and all children of Keturah127Ibid., Verses 1-4. are not in this “brotherhood,” as we see from the verse, for in Isaac shall seed be called to thee.128Ibid., 21:12. Thus Esau [Edom] is in this “brotherhood” for he is a son of Isaac, but Ishmael, born of Hagar and Midian, born of Keturah, although they are Abraham’s biological sons, are not in this “brotherhood,” for as G-d said to Abraham: in Isaac shall seed be called to thee. This makes it clear that the spiritual brotherhood of the Abrahamitic seed is restricted to descendants of Isaac. See my Hebrew commentary p. 351.
Tze'enah Ure'enah
“If Esau says, we are shattered, etc.” [1:4]. If Esau will say, we were poor before, but now we have become rich from plunder that we robbed from the city of Jerusalem, and with it we will build our city that was devastated. However, the Holy One said, they will build and I will tear down and devastate what they will build. They are called evildoers. I have commanded Israel that they should not harm Edom, as the verse says, “you shall not abhor an Edomite” [Deuteronomy 23:8]. You should not abhor an Edomite. Those Edomites who are just should also have compassion for Israel. However, they have done everything bad to Israel and rejoiced over the destruction of Jerusalem. They are called a nation that angers God forever.3Radak, Malachi, 1:4.