Brief Explanation of Prozbul
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Question
What is the idea of Prozbul? And how can I do it briefly and efficiently without various complications?
Answer
Hello and blessings
I will briefly outline the main laws regarding Prozbul:
A. According to the Torah, at the end of the Shemitah year, with the onset of Rosh Hashanah of the eighth year (year 5783), all monetary debts that people owe you are annulled, and you have no right to claim them.
B. Hillel the Elder instituted a way to maintain the debts by transferring them for collection to a court, thus the debts are not annulled, and you can collect them after Rosh Hashanah.
C. This is done through a document in which you declare that you are transferring your debts to the court, and they give you permission to collect them even after the end of the Shemitah year.
D. The document must specify to which court you have transferred your debts. According to the Shulchan Aruch, the debts must be transferred specifically to an important and authorized court, and this is the custom of Sephardic communities. Therefore, the document states that the debts are transferred to a central court that has the authority to collect debts and enact regulations. According to the Rema and the Ashkenazi custom, it is not necessary to transfer the debts to an important court, and any three judges suffice.
E. The main text of the Prozbul is: I, ___, transfer all my debts to the court ____ so that I may collect them whenever I wish.
F. The document must be signed by two witnesses who attest with their signatures that you have transferred the debts to the court.
G. In a pressing situation, such as someone arriving close to Rosh Hashanah and unable to prepare a document, they can appoint two witnesses and recite this text orally before them.
I will briefly outline the main laws regarding Prozbul:
A. According to the Torah, at the end of the Shemitah year, with the onset of Rosh Hashanah of the eighth year (year 5783), all monetary debts that people owe you are annulled, and you have no right to claim them.
B. Hillel the Elder instituted a way to maintain the debts by transferring them for collection to a court, thus the debts are not annulled, and you can collect them after Rosh Hashanah.
C. This is done through a document in which you declare that you are transferring your debts to the court, and they give you permission to collect them even after the end of the Shemitah year.
D. The document must specify to which court you have transferred your debts. According to the Shulchan Aruch, the debts must be transferred specifically to an important and authorized court, and this is the custom of Sephardic communities. Therefore, the document states that the debts are transferred to a central court that has the authority to collect debts and enact regulations. According to the Rema and the Ashkenazi custom, it is not necessary to transfer the debts to an important court, and any three judges suffice.
E. The main text of the Prozbul is: I, ___, transfer all my debts to the court ____ so that I may collect them whenever I wish.
F. The document must be signed by two witnesses who attest with their signatures that you have transferred the debts to the court.
G. In a pressing situation, such as someone arriving close to Rosh Hashanah and unable to prepare a document, they can appoint two witnesses and recite this text orally before them.
Source
Deuteronomy 15:1-2, Mishnah Shevi'it 10:3, Shulchan Aruch Choshen Mishpat 67
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