[Avodah] prozbul
Eli Turkel
eliturkel at gmail.com
Thu Sep 18 08:25:26 PDT 2008
Due to various remarks let me rephrase my confusion over how prozbul works
1. Mishna says that Hillel institued prozbul which consists of handing over
the debts to Bet Din
IMPLICATION: This works because debts owed a public institution are not
affected by Shemitta
IMPLICATION: Giving the debts to bet din is a Torah way to avoid shemitta
note implications can be wrong
2. The gemara in Gittin brings a disagreemement between Abaye and Rava
how prozbul works
Abaye: Shemitta today is only derabbanan
Rava: Hefker ber din hefker
Rashi (and Raavad) interpret Rava as holding shemitta today is from the Torah
Tosafot: Even Rava holds thar shemitta is derabban and is adding to Abaye
Rambam says prozbul works because shemitta is derabbanan
Radvaz: Rambam paskens like Abaye!!
Kesef Mishna: Rambam learns gemara like Tosafot
Question #1 : What is the connection between the gemara in Gittin and
the Mishna. i.e. what does giving the debt to bet din accomplish especially
according to Rava. Why is giving debt to bet din by itself not enough
without hefker bet din
Question #2: Exactly what is the innovation of Hillel? Did he invent giving
a debt to bet din? or is it a Torah law that it works
Question #3: Today we no longer actually give the debt to bet din instead
we simply sign a document assigning it to them signed by witnesses.
How does this help? Furthermore the gemara seems to require possession
of land - what happened to this requiremnt?
Thanks
--
Eli Turkel
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