[Avodah] prozbol

[Zev Sero]

Eli Turkel wrote:
> I need help understanding prozbul. It is based on handing over the
> loan to bet din.
> 
> 1. It works because Shemitta is nowadays only derabban
> 2. It works because  loans through a bet din are not cancelled.
> 
> My questions is
> a) is #2 from the Torah then why does it work only at a derabbanan level?
> or does it #2 work only as a derabbanan because of hefker bet din hefker
> b) Given #2 what exacly is the chiddush of Hillel or did he introduce #2

See Gittin 36a, Tosfos dh "mi ika midi".  Tosfos explains that #1 is not
correct.  It does work even when shmita is mid'oraita, but Hillel's
chidush is that batei din should go along with it.  Before Hillel,
pruzbul was considered a legal but disreputable loophole.  If someone
were to go to a BD and tried to "hand over" his debts, telling them with
a wink and a nudge that he would collect the money "on behalf of the BD"
and then keep it "with their permission", they would have thrown him out
on his ear.  How dare he presume to involve them in such a nefarious
scheme to get out of a chiyuv, whether de'oraita or derabbanan?  Hillel
decided that since it's only mid'rabanan anyway, and there's a need for
it, he would legitimise the loophole and instructed all reputable batei
din to allow people to make pruzbuls, with no stigma of dishonesty.
Had it been de'oraita he *could* still have made his takana, but he
wouldn't have.



> c) In modern days we do not require a bet din chashuv and even
> actually giving it to a bet din. Many paskin that just having 2 people
> sign a form from the internet connected to some bet din is enough.

I've never heard of just 2.


> I have seen some that would prefer 3 signing as a bet din of hedyotot
> How is all this working when it isn't really being given to a bet din
> and even the borrowers did not know

Why should the borrower have to know?  The lender gives the debt to
the 3 hedyotot acting as a BD, and they authorise him to collect it
on his behalf.  The borrower can find out when the lender comes to
collect.  


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas