[Avodah] [Areivim] Rov Jews in EY?

[Micha Berger]

On Mon, Jan 04, 2010 at 12:38:45PM -0500, Zev Sero wrote:
: Pruzbul will still work, just as it did before Hillel came along.  All
: Hillel did was make it respectable...

See Gittin 36a, where the gemara says that pruzbul does rely on it being
derabbanan. And on 36b, Abayei invokes shemittah derabbanan to explain how
Hillel could enact pruzbul. Rava says the mechanism is hefqer BD hefqer
(HBDH).

Rashi says that Rava is choleiq with Abayei, that shemittah is de'Oraisa,
and therefore he needs a different mechanism. Tosafos explain Rava as
adding to Abayei; the reason why Hillel could effectively overturn those
who made shemittah derabbanan (his BD was not gadol mimenu) at least
WRT shemittas kesafim, is through HBDH.

However, Rashi in Sanhedrin 25a explains that Rabbi Yannai allowed sowing
during shemittah in a year where the Romans levied an oppressive new tax
because shemittah is deRabbanan, and R' Yannai felt the original taqanah
did not include such a high sacrifice. So, even Rashi, the rishon who
holds there was an amora, Rava, who was followed the tannaim who held
that shemittah bizman hazeh is still deOraisa, does not hold that we
follow Rebbe anyway.

Back on topic... Abayei, and according to Tosafos, Rava too, presume
that pruzbul relies on shemittah being derabbanan.

As does the Raavan ad loc says that pruzbul proves that Hillel held like
Rebbe, that shemitah is deOraisa.

The Rambam (Shemitah veYoveil 9:15) says that pruzvul would not be
effective when shemittah is deOraisa.

See also Kesav Sofer CM #9 (who all but once spells it prusbul, with a
samech rather than a zayin), who discusses the machloqes, but assumes
we are relying on the Rambam and Tosafos's explanation of Rebbe. Also,
the he quotes the Maharsha who says that pruzbul is morally okay because
shemittah today is mishum zeikher, and the pruzbul itself is a zikaron
anyway.

OTOH, the Divrei Rivos (can anyone give bio?) teshuvah 235 explains
pruzbul as per Rashi's version of Rava, that it's simply hefqer BD hefqer
despite the deOraisa.

Tir'u baTov!
-Micha

-- 
Micha Berger             Man can aspire to spiritual-moral greatness
micha at aishdas.org        which is seldom fully achieved and easily lost
http://www.aishdas.org   again. Fullfillment lies not in a final goal,
Fax: (270) 514-1507      but in an eternal striving for perfection. -RSRH