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Deuteronomy 15:3 - Release debts for Jews?

Deuteronomy 15:3 - דברים 15:3

Hebrew Text

אֶת־הַנָּכְרִי תִּגֹּשׂ וַאֲשֶׁר יִהְיֶה לְךָ אֶת־אָחִיךָ תַּשְׁמֵט יָדֶךָ׃

English Translation

Of a foreigner thou mayst exact it again: but that which is thine with thy brother thy hand shall release.

Transliteration

Et-hanokhri tigos va'asher yihyeh lekha et-achikha tashmet yadekha.

Hebrew Leining Text

אֶת־הַנׇּכְרִ֖י תִּגֹּ֑שׂ וַאֲשֶׁ֨ר יִהְיֶ֥ה לְךָ֛ אֶת־אָחִ֖יךָ תַּשְׁמֵ֥ט יָדֶֽךָ׃
אֶת־הַנׇּכְרִ֖י תִּגֹּ֑שׂ וַאֲשֶׁ֨ר יִהְיֶ֥ה לְךָ֛ אֶת־אָחִ֖יךָ תַּשְׁמֵ֥ט יָדֶֽךָ׃

🎵 Listen to leining

Parasha Commentary

Context and Source

The verse appears in Devarim (Deuteronomy) 15:3, discussing the laws of the Shemittah (Sabbatical) year, when debts are released. The Torah distinguishes between loans given to a fellow Jew (achicha, "your brother") and those given to a non-Jew (nokhri, "foreigner").

Rashi's Explanation

Rashi (Devarim 15:3) clarifies that the term nokhri here refers specifically to an idolater (oved kokhavim), not a ger toshav (resident alien who observes the Seven Noahide Laws). He emphasizes that the mitzvah of debt release applies only to loans between Jews, as the Torah states, "your hand shall release" for a brother, but not for a foreigner.

Rambam's Halachic Perspective

Rambam (Hilchot Shemittah ve-Yovel 9:1-2) codifies this law, stating that while debts between Jews are nullified during Shemittah, one may still collect from a non-Jew. He explains that this distinction reinforces the unique bond and mutual responsibility among the Jewish people.

Midrashic Insight

The Sifrei (Devarim 113) links this verse to the broader theme of chessed (kindness) within the Jewish community. It teaches that while we must act justly with all people, the Torah imposes additional obligations of compassion and forgiveness toward fellow Jews.

Practical Implications

  • This law applies only to loans that become due before Shemittah; loans given during Shemittah are not automatically released (Gittin 37a).
  • The Prozbul (a legal mechanism instituted by Hillel) allows circumventing this release to encourage lending (Shevi'it 10:3).
  • Some Rishonim debate whether this distinction applies in modern times when non-Jews are not idolaters in the biblical sense.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Metzia 111a
The verse is discussed in the context of the laws of loans and the Sabbatical year, particularly regarding the distinction between collecting debts from a foreigner versus a fellow Jew.
📖 Shevi'it 10:9
The Mishnah references this verse in discussing the remission of debts during the Sabbatical year and the treatment of debts owed by non-Jews versus Jews.

Frequently Asked Questions

Q: What does Deuteronomy 15:3 mean about lending to foreigners versus brothers?
A: Deuteronomy 15:3 teaches that while loans to fellow Jews (referred to as 'your brother') must be forgiven during the Sabbatical (Shmita) year, loans to non-Jews ('the foreigner') may still be collected. This distinction is based on the special obligations Jews have toward one another in financial and ethical matters (Rashi on Deuteronomy 15:3).
Q: Why does the Torah differentiate between loans to Jews and non-Jews in this verse?
A: The Torah differentiates to emphasize the unique bond and mutual responsibility among the Jewish people. The Shmita year's debt cancellation applies only between Jews to strengthen unity and compassion within the community (Rambam, Mishneh Torah, Laws of Loans 9:1). However, ethical treatment of non-Jews is still required in all other financial dealings.
Q: How does the law of Shmita (debt release) apply today?
A: Today, the biblical Shmita debt cancellation is not practiced in the same way due to the absence of the Sanhedrin and other factors. However, the principle of compassion in financial matters remains central. Many observe a 'Prozbul' (a legal mechanism instituted by Hillel) to allow loans while upholding the spirit of the law (Talmud, Gittin 36a).
Q: What lesson can we learn from Deuteronomy 15:3 about helping others?
A: This verse teaches the importance of balancing kindness with responsibility. While we must show extra care to fellow Jews, we must also deal fairly with all people. The Torah encourages generosity while maintaining a structured society (Sifrei Devarim 113).