THE BAIS HAVAAD HALACHA JOURNAL: Volume 5775 Issue XXXIV Parshas Ki Teitzei The Laws of Shemitas Kesofim and Pruzbul 5775 – Part 1 Everything you need to Know to Properly Execute a Pruzbul This Year By Rabbi Yehoshua Grunwald
BACKGROUND
The entire Simon 67 in Choshen Mishpat deals with the Halachos of Shemitas Kesofim i.e. the prohibition of the malveh, the lender, not to collect loans past the seventh year, known as Shemita, of the seven year cycle and Hillel’s establishment of the Pruzbul, which permits post Shemita loan collection. In Simon 67:1 the Mechaber states that Biblically, Shemitas Kesofim is only mandated when Klal Yisroel is commanded to keep Yovel i.e. the special laws of the 50th Jubilee year. Since Yovel is only practiced when the majority of Jews reside in Eretz Yisroel it is not practiced today and thus neither is Shemitas Kesofim. However, Rabbinically, Shemitas Kesofim is mandated even in our times. The Rema quotes an opinion that in our times Shemitas Kesofim is not adhered to even on a Rabbinic level. The consensus of Poskim is that while there is no Biblical obligation to adhere to Shemitas Kesofim in our times, nevertheless, it is mandatory from the rabbis.
It is for this reason that our custom is that a Pruzbul is written before Rosh Hashana of the eighth year i.e. before the end of Shemita to allow for the collection of loans post Shemita. There is a minority view that a Pruzbul should be written before the start of Shemita i.e. before the beginning of the seventh year and thus some have this minhag as well.
According to the Torah if one actually delivers his loans with their documentation to Bais Dinfor Bais Din to collect them, then Shemita does not prevent those loans from being collected [by Bais Din.] Hillel instituted that merely notifying Bais Din of one’s outstanding loans and intent to deliver them to Bais Din by way of the Pruzbul, enables their collection post Shemita.
WHAT KIND OF BAIS DIN IS ACCEPTABLE?
BACKGROUND
The entire Simon 67 in Choshen Mishpat deals with the Halachos of Shemitas Kesofim i.e. the prohibition of the malveh, the lender, not to collect loans past the seventh year, known as Shemita, of the seven year cycle and Hillel’s establishment of the Pruzbul, which permits post Shemita loan collection. In Simon 67:1 the Mechaber states that Biblically, Shemitas Kesofim is only mandated when Klal Yisroel is commanded to keep Yovel i.e. the special laws of the 50th Jubilee year. Since Yovel is only practiced when the majority of Jews reside in Eretz Yisroel it is not practiced today and thus neither is Shemitas Kesofim. However, Rabbinically, Shemitas Kesofim is mandated even in our times. The Rema quotes an opinion that in our times Shemitas Kesofim is not adhered to even on a Rabbinic level. The consensus of Poskim is that while there is no Biblical obligation to adhere to Shemitas Kesofim in our times, nevertheless, it is mandatory from the rabbis.
It is for this reason that our custom is that a Pruzbul is written before Rosh Hashana of the eighth year i.e. before the end of Shemita to allow for the collection of loans post Shemita. There is a minority view that a Pruzbul should be written before the start of Shemita i.e. before the beginning of the seventh year and thus some have this minhag as well.
According to the Torah if one actually delivers his loans with their documentation to Bais Dinfor Bais Din to collect them, then Shemita does not prevent those loans from being collected [by Bais Din.] Hillel instituted that merely notifying Bais Din of one’s outstanding loans and intent to deliver them to Bais Din by way of the Pruzbul, enables their collection post Shemita.
WHAT KIND OF BAIS DIN IS ACCEPTABLE?
No comments:
Post a Comment