[Avodah] How does Prozbul work?

Zev Sero via Avodah avodah at lists.aishdas.org
Wed Sep 9 12:11:50 PDT 2015

On 09/09/2015 01:37 PM, Micha Berger via Avodah wrote:
> I actually thought pruzbul only works because ha'aramah is okay
> (sometimes) when you're avoiding a derabbanan.

Whether it's allowed is a different question from how it works.  Moser
Shtorosav leveis din worked even when shmitah was d'oraisa.  Tosfos
says that Hillel didn't invent it, he merely legitimised it.  Before
his day it was known, but it was considered unethical, and no reputable
beis din would go along with it.  To do it required finding a fly-by-
night beis din willing to entertain it, so upstanding lenders didn't
take advantage, and instead were reluctant to lend.

Then Hillel decreed his "solution for rich and poor", which was to
instruct botei din to accept and even encourage such applications,
so that people would be willing to lend.  And he only felt comfortable
doing so because shmita was d'rabonon.

Zev Sero               KvChT
zev at sero.name

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