Rabbi Meir Orlian | ||
#224 |
Ki Teitzei |
5.09.2014 |
Yisrael Silver sat with his father in shul, listening to the leining of Parashas Re’eh. He heard the word Shemittah a number of times. “When is Shemittah?” Yisrael asked his father when they finished the aliyah.
“This coming year!” replied Mr. Silver. “In less than a month, Shemittah 5775 begins in Eretz Yisrael.”
“It’s a shame that outside of Eretz Yisrael we can’t do this mitzvah,” said Yisrael. “Anyway, I thought that Shemittah was already addressed in Sefer Vayikra. What’s it doing here?”
“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”
At the Shabbos meal Yisrael asked his father, “Can you please tell me about Shemittah?”
“The mitzvah of Shemittah has two aspects,” replied Mr. Silver. “One is to let the land rest and refrain from agricultural work, which applies only in Eretz Yisrael and was discussed in Parashas Behar. The other is to ‘forgive’ loans that are past due, which applies everywhere the world, and that’s what we read about this morning” (C.M. 67:1).
“You mean that if I lent someone money and he hasn’t paid me back yet, he won’t have to repay after Shemittah?” asked Yisrael. “I never heard of loans being canceled!”
“That’s because Hillel instituted a form called pruzbul, whereby you give authority of the loan to beis din,” explained Mr. Silver. “Then the loan isn’t canceled and you’re allowed to collect it even after Shemittah. A pruzbul is usually filed nowadays just before Rosh Hashanah.”
“Can I come with you this year when you do it?” asked Yisrael.
“Sure,” replied Mr. Silver. “I don’t remember, though, whether the pruzbul filing is done this year, before the beginning of Shemittah, or next year — before the end of Shemittah.”
“Oh,” said Yisrael. “How can we find out?”
“We can ask Rabbi Dayan at Minchah,” said Mr. Silver.
After Minchah, Mr. Silver and Yisrael approached Rabbi Dayan. “At the Shabbos table we were discussing Shemittah of loans and pruzbul,” Mr. Silver said. “When should the pruzbul be written — this year or next?”
“Shemittah cancels loans only at the end of the Shemittah year, in our case at sunset of 29 Elul 5775,” answered Rabbi Dayan. “The accepted practice is to file the pruzbul then, but some file a pruzbul also at the end of this year, 5774.”
“What is this based on?” asked Yisrael.
“In Parashas Re’eh the Torah states: ‘At the end of seven years you shall institute a remission ... Every creditor shall remit his authority over what he has lent his fellow,” replied Rabbi Dayan.
“Since the verse states ‘at the end of seven years,’ the loan is canceled only at the end of the Shemittah year,” explained Rabbi Dayan. “So it doesn’t seem necessary to draft a pruzbul until the end of next year. This is the ruling of the Shulchan Aruch, based on the Rambam” (C.M. 67:30-31).
“Why do I remember something about filing a pruzbul before Shemittah?” asked Mr. Silver.
“The Rosh (Gittin 4:18,20) cites a Tosefta that the pruzbul should be written ‘the eve of Rosh Hashanah of Shevi’is,’ i.e., before the Shemittah year begins,” replied Rabbi Dayan. “He explains that Shemittah cancels the loan only at the end of the seven years, so that the borrower is still required to repay it during the Shemittah year; but since the creditor may not demand repayment during the Shemittah year, the Rosh maintains that the pruzbul should be filed before Shemittah” (SM”A 67:53).
“How do other authorities deal with the Tosefta?” asked Yisrael. “It’s pretty explicit!”
“The Rashba writes that the Tosefta should really read “Erev Rosh Hashanah of motzoei Shevi’is,” answered Rabbi Dayan. “Some manuscripts, in fact, have this version.”
“The common practice is to draft the pruzbul only towards the end of Shemittah [for this cycle: in 5775],” concluded Rabbi Dayan. “The Chazon Ish and Rav Shlomo Zalman Auerbach, zt”l, did so. However, some prepare a pruzbul also before the Shemittah year, in 5774, in deference to the opinion of the Rosh.” (See Pis’chei Teshuvah 67:5; Shemittas Kesafim U’Pruzbul, by Rav Zvi Cohen, 12:17[32-34].)