[Avodah] Prozbul

[Richard Wolpoe]

On Mon, May 19, 2008 at 6:26 AM, Cantor Wolberg <cantorwolberg at cox.net>
wrote:

> "In an ideal world, we wouldn't have prozbul; the rich would lend to
> the poor without fear of the impending shemitta."
>
> This comment brings up an interesting theological question. If the above is
> the case, then why did God legislate it to begin with?
> In other words, the prozbul could have been built into the torah.
>
>
Great Question:

Here are several related approaches:

   1. Mikra [scripture] is according to Middas hadin, while Oral Law [TSBP]
   stems from middas haorachimim.  This is manifest in ayain tachas Ayin,
   literally taking an eye vs. taking compensation
   2. Mikra is addressing the realm of mind/thought/perception. Really we
   SEE the eye for he eye. TSBP is the pragmatic implmentation, since no 2 eyes
   are of equal value we exact paymetn instead. Same for Prozbol. One perceives
   on a  conscience  plane the ideal of lending before shemitta, while
   prgamaticaly we need Prozbol.
   Thin of Ben Sorrei u'moreh. The visualization o rh th mere threat of this
   law being on the books might prevent rebellious children from going over the
   line, even though Hazl tell us it did not ever happen. It's very severity
   lends itself to being a self-fullfiling prophecy of never happening, it is
   too scary. And like mutual destruction, the mere existence of the nukes
   provided a certain equilibrium.  Draconian measures such as ben Soreir
   u'moreh are similar. Imagine Parents or a community telling a 12 year-old:
   "Watch out lest YOU become one! "
   3. Mikra is more rigid.  Stone Tablets, parchment scripture. TSBP is more
   flexbile -Oral and therefore is less fixed.  Why is this? See above?
   4. The law of Mikra is really immutable.  In a sense  Prozbol is a
   hora'as Sho'oh.  the fact that it  has lasted for the duration of 2,000
   years is only 2 Days in  the Dvivine Eye. We seek the day when it  ca nbe
   safely repealed.   The Mikra permits hora'as sho'oh - e.g. Eliyahu at Mt.
   Carmel.  Vlo yamir dasso,  Prozbol is not a CHANGE to the law, it is
   "workaround "and perhaps a temporary one at that.

Disclarimer: I doubt that Ayyin tachas ayyin would EVER go to a literal
level because no two eyes are of equal value - hence equitable punishment is
VIRTUALLY impossible. However other laws that have been suspended or exist
only "in theory" [eg. ir hanidachas perhaps] COULD come about
-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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