[Avodah] prozbul

[Micha Berger]

On Thu, Sep 18, 2008 at 06:25:26PM +0300, Eli Turkel wrote:
: 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...

Machloqes Rashi and Tosafos what Raba is saying -- is he answering the
question on Abayei, or disagreeing with Abayei's peshat and giving a
new answer the the original question?

Rashi: Rava is answering the same question as Abayei. Shemita is deOraisa,
and Hillel invoked hefqer BD hefqer to circumvent shemittah altogether.

Tosafos: Rava is defending Abayei. Shemitah is deRabbanan. (Perhaps we can
say pruzbul is sufficient lezeikher for the deOraisa.) And Hillel didn't
need a BD gadol mimenu bechokhmah uveminyan than AKhG because he didn't
pasqen against them, he used hefqer BD hefqer. Implied in Tosafos is that
Hillel would not have even found such a loophole if it were a deOraisa.

If the mechanism is hefqer BD hefqer, how would the details of the
mechanism for getting the loan to BD be me'aqeiv?

(I again recommend my notes at
http://www.aishdas.org/asp/2007/09/shemittah.shtml where I discuss this
3 tier machloqes (Rashi-Tosafos; maybe Abayei-Rava; Rebbe-Chakhamim)
the topic of whether shemittah is deOraisa (Ramban) deRabbanan (Rashi,
Tosafos) or not even that (Meiri), and a whole bunch of other things --
way too much for Rafi to have fit into a bar mitzvah derashah. Even
cut down, he ran long.)


Tir'u baTov!
-Micha

-- 
Micha Berger             It is a glorious thing to be indifferent to
micha at aishdas.org        suffering, but only to one's own suffering.
http://www.aishdas.org                 -Robert Lynd, writer (1879-1949)
Fax: (270) 514-1507