Q: What exactly is a pruzbul? Also, which beis din is empowered to oversee a pruzbul, and what is the correct wording for a pruzbul?

A: Biblically, the year of Shemittah cancels debts. Hillel Hazakein observed that people refrained from lending in advance of the Shemittah year, thus violating an explicit prohibition of the Torah (Devarim 15:9). To prevent widespread violation of this prohibition, Hillel formulated a pruzbul so that loans do not become canceled during Shemittah. The pruzbul transfers the loan to beis din for collection and beis din then empowers the creditor to collect the money as their agent. Since loans are not canceled, people will not refrain from loaning money in advance of Shemittah.

There is a debate concerning the type of beis din empowered to oversee a pruzbul. The lenient opinion maintains that it may be arranged by any three adult Jewish males who understand the issues involved with arranging a pruzbul. This is the position adopted by Rema (C.M. 77:18) and accepted as the widespread custom by Ashkenazim. Below is a pruzbul that may be used by Ashkenazim:

PRUZBUL (Ashkenaz)

_____________ came before us, the undersigned Beis Din, and declared: “ I hereby convey to you the Beis Din, Rabbi ________________ and Rabbi ___________________, and Rabbi _______________________, that all debts owed to me, both debts that are documented in writing, and debts that were made by oral agreement, so that I may collect them at any time I desire."

And we the Beis Din, since the creditor has conveyed to us the Pruzbal as enacted by chazal, we have written this Pruzbul document pursuant to the custom of chazal from the times of Hillel the Elder, and have empowered the creditor so that none of the debts owed to him up until this date, written or oral, will be canceled.

As proof we affix our signatures today, the _____ day of the month of Elul, in the year 5775, here _____________________________.

Rabbi ______________________________

Rabbi ______________________________

Rabbi ______________________________

Many others contend that the beis din must be an esteemed beis din kavua that was empowered by the local residents. Shulchan Aruch (C.M. 67:18) follows this opinion and is the position practiced by Sephardim.

It is obviously challenging for many people to arrange their pruzbul with a beis din kavua; this is especially true for people who live in places where there is no local beis din kavua. Some authorities maintain that it is acceptable to transfer one’s debts to a beis din kavua without appearing before them and merely declaring to witnesses that he is transferring the debts owed to him to beis din (Rema, C.M. 67:20).

Others reject this approach (Yam Shel Shlomo, Gittin 4:46, Tumim 67:21). Common custom among Sephardim is to follow the lenient position regarding this matter (Yabia Omer 3, C.M. 6 and Or L’Tzion Hilchos Hashmatas Kesafim). Below is a pruzbul that follows the approach used by Sephardim:

Next week, iy”H, we will discuss how one who finds it uncomfortable to appear before a beis din may write a pruzbul. For part II click here

PRUZBUL (Sefardim)

_____________ came before us the undersigned witnesses, and declared: “you are my witnesses that I hereby convey to the Beis Din__________________ located in_______ comprised of Rabbi___________, Rabbi___________ and Rabbi____________ , that all debts owed to me, both debts that are documented in writing, and debts that were made by oral agreement, that I may collect them any time I desire."

As proof we affix our signatures today, the _____ day of the month of Elul, in the year 5775, here _____________________________. This is all valid and in good standing.

______________________________Witness

______________________________Witness