Synagogue Debts - Shemitat Kesafim

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Question

A yeshiva owes me money, is a Prozbul required?

Answer

Shalom and blessings. Debts owed by Torah and charity institutions, or yeshivas, or synagogues to others are annulled, but there are those who believe they are not annulled.

Source

In the Gemara (Bava Kamma 37a), it is explained that orphans do not need a Prozbul because the court is considered their father, and it is as if their debts are entrusted to the court and are not annulled. The Rashba and Meiri write there that similarly, in charity debts, the court is their father, and it is considered that the debts are entrusted to the court and are not annulled. The Shulchan Aruch (Choshen Mishpat 67:28) rules that charity debts are not annulled. However, the Levush (there on the words of the Shulchan Aruch) writes that the reason charity debts are not annulled is because it is written "do not press your fellow and your brother," and charity is not considered "your fellow" and "your brother." The practical difference between the two reasons is in a case where the charity fund owes others, [for example, if someone deposited money in a Gemach fund and the responsibility is on the Gemach fund], according to the first reason that the court is the father of charity, in this case where the charity fund owes others, the debt is annulled, because this reason applies only to debts owed to the charity fund - for the benefit of the charity fund, but the debts of the charity fund to others are not entrusted to the court. However, according to the Levush, that the charity fund is not considered "your fellow" and "your brother," it is not annulled, and just as a debt to charity is not annulled, so there is no prohibition to demand the debt from the charity. (Azmera Leshimcha, Laws of Shemitah).

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