[Avodah] Haarama

[Marty Bluke]

R' Zev Sero wrote that according to Tosafos pruzbul could work even if
shemitta is even d'oraysa.

This is actually an interesting machlokes rishonim.

The gemara asks on Hillel
"u'mi ika midi d'md'oraysa mshamet shviis v'hiskin Hillel d'lo m'shamta:

How could Hillel create the takana of pruzbul when the torah says that
the loan is canceled?
The gemara answers:
"amar Abaye b'shviis bizman hazeh d'rabbanan"

Abaye answers that pruzbul only works if shemitta is d'rabbanan. The
gemara then asks the reverse question:

How could the chachamim make shemitta derabbanan, min hatorah he has
to pay back the loan? The gemara answers
"Rava amar hefker beis din hefker"

Beis Din has the power min hatorah to take away your money.

The simple reading of the gemara is that pruzbul only works if
shemitta is d'rabbanan. If shemitta is min hatorah they can't do
anything. In fact, this is how the Rambam (Shmitta V'Yovel perek 9)
paskens

The Raavad there argues on the Rambam and has a different
interpretation of the gemara, Rashi also learns like the Raavad.

They explain the gemara as follows. Rava's answer of hefker beis din
hefker answers the original question as well. What is the machlokes
the Rambam and the Raavad? Here are 2 possible explanations:
1. There is a famous machlokes what is the power of hefker beis din
hefker  min hatorah? Is it a) the simple translation of the words that
beis din can declare your property ownerless or is it more then that,
b) they can take your property and give it to someone else.
One case where this comes up is where a man is mekadesh a woman with a
kinyan d'rabban, is she married min hatorah? Kinyanim d'rabban work
based on hefker beis din hefker  if we hold like a, then a kinyan
d'rabbana only works m'drabbanan, min hatorah the woman has not yet
received the money and therefore min hatorah is not yet married.
However, according to b, a kinyan d'rabbana works min hatorah and she
is married min hatorah.

Based on this we can understand the machlokes the Rambam and the
Raavad. The Raavad holds like b, that Beis Din can take from a and
give to b, that is how a pruzbul works, Beis Din takes the money from
the borrower and gives it to the lender before shemitta, therefore
there is no loan for shemitta to cancel. the Rambam on the other hand
holds like a, Beis Din min hatorah can only take away your money but
they cannot give it to me and therefore it doesn't help for shemitta,
by shemitta they need to give you the money and they can't, and
therefore shemitta cancels the loan.

2. How does shemitta cancel a loan? a) Does it cancel the monetary
aspects of the loan or b) does it NOT affect the monetary aspects,
rather it prohibits the lender from collecting. The Rambam holds like
b, it is an issur, therefore hefker beis din hefker is not relevant it
can't be matir issurim, the Raavad on the other hand holds like a, and
therefore hefker beis din hefker can restore the monetary aspects.