[Avodah] Determining Shemitta by prozbul

[Daniel Eidensohn]

As is well known there  was a debate concerning the actual year of 
Shemitta. Rambam (Hilchos Shemitta chapter 10) following the views 
stated in gemora Arachin comes to a conclusion which is at odds with 
that of the Gaonim who apparently rely on a different tradition in 
gemora Avoda Zara. The Rambam ends up following the tradition of the 
gaonim - even though in a texhuva (#389 which is cited in part by Kesef 
Misha) he expresses doubts about this course of action.

The Rambam ends up relying on the  gaonim because they have a tradition 
that says that is what people do - even though it is against his 
understanding of Chazal. The question is why wasn't the question of what 
people have done resolved by simply looking at the prozbul documents. 
After all it is every seven years that a new set of documents is 
produced. There must be clear documentary evidence that predates the 
gaonim or at least is from the time of the gaonim.

1) Do we have ancient copies of prozbul?
2) Are they in agreement with the position of the gaonim?
3) Are they uniform in the system used or are some in agreement with the 
Rambam's understanding?


Daniel Eidensohn