Комментарий к Швии́т 10:8

המחזיר חוב בשביעית – at the end of the Sseventh Year, which is its year of cancellation of debts, for the Seventh Year does not cause the release from debt other than at its end as it states (Deuteronomy 15;1): “Every seventh year (literally, at the end of the Seventh Year) [you practice remission of debts].”

Introduction This mishnah deals with the possibility that a debtor would pay back a loan after the seventh year has caused the loan to be remitted.

אמר לו אעפ"כ – the borrower/debtor says to him (i.e., the creditor/lender), even so/nevertheless, I want to repay you.”

One who returns a debt [after] the seventh year, the [creditor] must say to [the debtor]: “I remit it.” But [the debtor] should say: “Even so [I will repay it].” [The creditor] may then accept it from him, because it says: “And this is the word of the release” (Deuteronomy 15:2). If a debtor comes to a creditor to repay a loan after the seventh year has caused his loan to be remitted, the creditor must tell the debtor that he need not repay the loan. He cannot simply accept it from him without saying anything. However, once the creditor has said that he remits the loan, the debtor should say back to him, “Even so I will repay it.” The rabbis recognize that paying back a loan is a good thing and that a debtor who has the ability to pay back a loan should not use the seventh year as an excuse not to. Importantly, the mishnah notes that the creditor may accept his money back. It is prohibited for him to approach the borrower and demand repayment of the loan. But it is not prohibited for the creditor to accept the money back. This dialogue is derived midrashically from the words, “This is the word of the release,” which we would usually translate at “This is the matter of the release.” The Hebrew word for “matter” and “word” are the same. The rabbis derive from this phrase that it is sufficient for the creditor to say that the loan is remitted. By saying such words, he fulfills his duty and if the borrower still wishes to repay the loan, the creditor may accept it from him.

יקבל ממנו – is that all? But rather, he is permitted to say to him, that his has hand will be stretched out to receive [payment] from him when he says to him, “I cancel [the debt].”

Similarly, when [an accidental] killer has been exile to a city of refuge, and the citizens want to honor him, he must say to them: “I am a murderer.” If they say: “Even so, [we want to honor you], then he may accept [the honor] from them, because it says: “And this is the word of the murderer” (Deuteronomy 19:4). The Torah uses similar words when describing the accidental killer who must flee to the refuge city. Therefore the rabbis derive a similar halakhah. When arriving at the refuge city the accidental killer must let the people of the city know that he is not coming as a simple tourist or person wishing to take up residence. He must tell them that he is an accidental killer. However, if they still wish to honor him even though they know he is an accidental killer, he may accept the honor.

שנאמר וזה דבר השמטה – meaning to say that mere speech that he he emits from his lips that he cancels is enough, and the first word that he stated, “I cancel” is sufficient, and he does not need to say and repeat, as it states (Deuteronomy 15:2): “This shall be the nature [of the remission],” you have nothing other than the first word, and similarly (Deuteronomy 19:4): “Now this is the case [of the manslayer who may flee there and live].”