3,780. Long-Term and Conditional Loans

Hilchos Shemittah v’Yoveil 9:9

Let’s say that one person extends a loan to another and they set the time for repayment in ten years. In such a case, the debt is not canceled by shemittah. This is because even though the prohibition against demanding repayment will ultimately apply, he can’t demand it now. If they made a condition that the lender would never sue for repayment, then the loan is canceled by shemittah.

Hilchos Shemittah v’Yoveil 9:10

If one person lends another money on the condition that shemittah won’t cancel the debt, it is nevertheless canceled. This is because he doesn’t have the ability to nullify the laws of shemittah. If the borrower makes a condition that he won’t cancel this debt even in shemittah, the condition is effective, the same as any condition in financial matters. In this case this borrower accepts upon himself to pay money that the Torah didn’t require of him.