"וזה דבר השמיטה" - Selected Halachos of Shemita (2)
Shemitas Kesafim. Last week we discussed the need for anybody who is owed money to write a Pruzbul document prepared before the year is over. Otherwise, his debt might be canceled according to the details of the debt and when payment is due. Pruzbul came about because in the days of the Tannaim, Hillel saw that people were transgressing a Torah prohibition in Parshas Re’eh (1) where it says that one may not refrain from lending money when the end of Shemita is close, out of fear that Shemita will cancel his debt. People were transgressing this aveira, and to stop that from happening, Hillel instituted a way that a person can lend and still legally collect his debt. He does this by transferring the debt over to Beis Din.
Ideal Time. Pruzbul only works on debt that came about before the Pruzbul is made and Erev Rosh Hashana after Hataras Nedarim, when groups of four men gather in shul, is the ideal time to make the Pruzbul. If on that day, he will be asked for a loan, he can schedule the payment date for after Rosh Hashana and it will not be canceled when the day expires. krfjj to
Procedure. The creditor stands in front of the other three sitting men who form the amateur Beis Din. He says to them, "מוסרני לכם כל חוב שיש לי שאגבנו כל זמן שארצה" - which translates to, “I give over to you all my debts so that I should be able to collect them whenever I want.” Most shuls will have copies of the document, dated 29 Elul 5782. The document states: “We were sitting together as a Beis Din and (Ploni Ben Ploni) came in front of us and said, ‘...........’ We have heard his declaration and have empowered him to collect all his debts whenever he desires.”
The mechanics of Pruzbul is that the Torah prohibition of collecting such debt falls on the creditor, but not on Beis Din. The declaration, with the power of Hillel’s decree, hands over the debt to Beis Din even though no act of acquisition was actually made.
Details. Once the debt is given over to Beis Din, the next Shemita will not cancel the debt and if he didn’t lend any more money, he will not need another Pruzbul for the next Shemita. According to most Poskim, Pruzbul can be done at night, and is permissible even if the “judges” are relatives to the creditor or borrower. However, the three should not be relatives to each other. (2)
(1) דברים טו:ט (2) כל האמור מיוסד על מס' שביעית פרק י' וחושן משפט סימן ס"ז, ע' המפרשים שם
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