Pruzbul
Rabbi Alfred S. Cohen

Practical Implementation

The Shulchan Aruch Harav ⁸ writes that the lender should write a pruzbul and then have two witnesses sign to the effect that he transferred his debts to a beth din. If the judges of the beth din are the ones who sign, so much the better. Rav Ovadia Yosef, in Yechave Da'at,⁹ rules that it is sufficient to sign it in the presence of witnesses, without a beth din. Ramo is even more lenient, declaring that if the lender merely declares orally that such is his intention, he does not have to execute a pruzbul in writing.¹⁰

By somewhat circuitous logic, the Aruch Hashulchan concludes that there is no need for a pruzbul at all: Since nowadays, the beth din no longer has the power to collect debts, the pruzbul is actually meaningless. Therefore, rather than have the lender violate either the biblical prohibition of pressuring the borrower to pay back (before shemita) or the biblical command to be sure to lend to the poor, we rule that the rabbinic law cancelling debts is void. Thus, there is no need for a pruzbul.¹¹

A further question raised by the Gemara in Gittin 36a is whether the takkana (regulation) was instituted by Hillel for all times or only for the generation in which he lived, which was wracked by great political and financial woes. Determining Hillel's intent is crucial. If he ruled only for his own generation but thereafter people continued the practice of their own volition, then any later beth din may alter or suspend his takkana as it sees fit. However, if his regulation was instituted as a permanent one, it would reqilire a beth din which is "greater in number and in wisdom" than the one which ordained the rule in the first place, to cancel it. It goes without saying that no beth din in later generations is greater than the one over which Hillel the Elder presided. Consequently, the pruzbul must be considered a permanent regulation, even if the reason for instituting the regulation in the first place no longer applies. ¹²

The Gemara concludes that Hillel instituted the pruzbul for all future generations, but that it is valid only if executed by a Jewish court of experts, all of whom are well versed in the laws of shemita and who have been appointed as judges by the people of their city.¹³ The Meiri¹⁴ opines that since we no longer have judges of this caliber, we should not rely on a pruzbul. Ramo, however, rules that any beth din is qualified to write a pruzbul, because it is a rabbinic law.¹⁵

The Rif and the Tur have also adopted this position. ¹⁶ But the Shach¹⁷ challenges the Ramo, citing the Mabit, who wrote: