[Avodah] Determining Shemitta by prozbul

Daniel Eidensohn yadmoshe at 012.net.il
Sun Jul 15 17:00:27 PDT 2007


Zev Sero wrote:
> Daniel Eidensohn wrote:
>
>   
>> 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.
>>     
>
> Documents?  At least in my experience, nowadays a pruzbul is verbal,
> and I don't know why it would have been different in the Rambam's day.
>
>   
The Rema CM 67:1 notes that in the Ashkenaz world they didn't observe 
Shemitas kesofim at all [because there was no Yovel- Gra].

Shulchan Aruch CM 67:20-21 - indicates that some people wrote a prozbul 
and others didn't. Rambam states there is no need for a written 
document. And the Ravaad says he is contradicting himself.

Bottom line is that there were documents but not necessarily very many 
and possibly not the Rambam's area. I haven't  see any mention of these 
documents to resolve the question of the date of shemitta.

Here in Har Nof there is  prozbul document.

Daniel Eidensohn




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