Shemitat Kesafim - Revision history

MordechaiD: yd

2018-06-13T17:54:20Z

← Older revision		Revision as of 17:54, 13 June 2018
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	==Sources==		==Sources==
	<references/>		<references/>
			[[Category:Yoreh Deah]]

Dlhanon at 00:52, 30 May 2016

2016-05-30T00:52:24Z

← Older revision		Revision as of 00:52, 30 May 2016
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	==General Laws of Shemitat Kesafim==		==General Laws of Shemitat Kesafim==
	# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>Shulchan Aruch CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3) and Sefer Hachinuch 477. The Rama quotes ~~some~~ who ~~hold~~ that it doesn't ~~apply at all nowadays but doesn't recommend~~ relying on that ~~opinion~~. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>		# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30. The torah states this obligation to cancel loans in Devarim 15:1 </ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>Shulchan Aruch CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3) and Sefer Hachinuch 477. The Ramban (Milchamot to Gittin 36) writes that it is still from the Torah. The Raavad (to Gittin 36) writes that it is a midat chasidut. The Rama quotes a second suggestion, that the common leniency is based on the Terumat Hadeshen (304), who suggests that shmitat kesafim only applies in Chutz Laaretz in lands which are immediately adjacent to Israel (‘aratzot hasmuchot’), however, he doesn't suggest relying on that. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
	# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>		# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
			# Unlike shmitat karka, the isur to work the land during the shmita year, which is only an obligation in Israel, the obligation of shmitat kesafim applies both in Israel and the diaspora.<ref>Talmud Yerushalmi (Shviit 10:2) </ref>

			==Which Loans are Broken?==
			# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>
			# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>
			# If one does not write a Pruzbul, it’s praiseworthy for the debtor to repay the loan as a gift anyway <ref> Aruch HaShulchan CM 67:14 </ref>
	# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>		# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>
	# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 67:9</ref>		# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 67:9</ref>
	# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch Choshen Mishpat 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>		# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch Choshen Mishpat 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>
	# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Yechave Daat 4:62, Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2), Minchat Chinuch 477</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>		# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Yechave Daat 4:62, Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2), Minchat Chinuch 477</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>

			==Paying Back Anyway==
			# If a borrower offers to pay back a loan after a shmita year has passed, the lender is obligated to say ‘mishameit ani’ (i.e. I forgive the loan). However, after technically forgiving the loan, the borrower is supposed to pay back the loan nonetheless.<ref> Shviit 10:8-9, Gittin 37b</ref> If the borrower does not agree to pay back after the lender says mishameit ani, the lender may make it implicitly clear to the borrower that he wishes to receive the money. Some say that the lender may physically force the borrower to pay him back.<ref>The Gemara (Gittin 37b) states that if after a lender says mishameit ani, the borrower does not pay back the loan, the lender may be ‘tali lei’ until he agrees to pay back. There is a machloket amongst the rishonim about what ‘tali lei’ means. Rashi (D”H vitali lei) writes that the lender may even hang the borrower from a tree (tali= hang [on a tree]), or use other physical force, to get back the loan. The Rosh (4:19) however, writes that the lender may merely make it clear that he wishes that the money be returned, he cannot however, physically force the borrower (tali=hang [his face in longing for the money]). Furthermore, the Rosh adds that if the borrower refuses to pay, the lender would have no recourse, and would have to suffer the loss of the money. The Shulchan Aruch (C.M. 67:36) paskins like the Rosh (as the Beit Yosef ibid. makes clear). The Shach (11) however, accepts Rashi.</ref>

	==Prozbul==		==Prozbul==
	# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>~~Shulchan Aruch Choshen Mishpat 67:18~~ writes that the ~~bet~~ din ~~which sets up~~ the ~~prozbul needs~~ to be a ~~significant one with experts~~ that ~~were accepted by~~ the ~~townsmen~~. The Rama, ~~however, argues that nowadays~~ one ~~can be lenient to have~~ any ~~bet~~ din ~~write up a prozbul~~.</ref> ~~that~~ states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan ~~Aurch~~ CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>		# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din (according to Sephardim, but for Ashkenazim any beit din can write it up). <ref>The Gemara (36b) quotes Shmuel who adds that one may only write a pruzbul in a beit din like that of Sura and Naharada. There is a question amongst rishonim what qualifies as such a beit din. Rashi (ibid. D”H lo katvinan) writes that the beit din must be authoritative enough to extract money by force. Rabeinu Tam (Tosafot ibid. D”H dialimi) writes that one merely requires a preeminent beit din of a generation, even if they cannot extract money. The Sefer Haterumot though says that the beit din has to be knowledgeable in monetary law, hilchot shmitat kesafim, and must be officially appointed judges.
			There is also a question whether we paskin like Shmuel. While the Rambam (Shmita V’Yovel 9:17) paskins like Shmuel, the Tur (C.M. 67) writes that we do not paskin like Shmuel, and a pruzbul may be written in any beit din. The Shulchan Aruch (67:18) paskins like Shmuel, but accepts the version of the Sefer Haterumot. The Rama paskins like the Tur, so one may write a pruzbul in any beit din.</ref>
			# The pruzbul states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aruch CM 67:18-9. The Gemara in Gittin (36) states that when Hillel saw the masses violating the rules of shmitat kesafim, he instituted that one may write a pruzbul. There is a machloket Rishonim on how to interpret the Gemara’s heter of pruzbul. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. Rashi (Gittin 36b D”H Rava amar) writes that even if shmitat kesafim were diorayta pruzbul could work via the mechanism of hefker beit din hefker (which is a diorayta concept that allows beit din to declare any person’s property as ownerless). However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred. Tangentially, it is important to emphasize that while Hillel did recognize a halacha which was challenging to keep, and identified a way to circumvent it, he did so by working through pre-existing valid halachic principles. However, Hillel would not have been able to simply remove a halacha because people found it difficult, without working through halachic principles. </ref>
			# There is a question whether the beit din has to be present when one writes the pruzbul.<ref> This depends on two readings of a Talmud Yerushalmi (Shviit 10:2), brought by Rav Chaim Kanievsky in his peirush.</ref> To fulfill the maximum number of opinions, some nowadays write two pruzbuls when the one writing the pruzbal is unable to appear before a beit din of real judges knowledgeable in monetary law.<ref> One pruzbul has the names of a beit din of great judges who are not present, satisfying the opinion that one needs a great beit din, but not the opinion that one needs to literally stand in front of the beit din. The second pruzbul contains a beit din of three regular men, which does not fulfill the requirement of being the greatest beit din of the generation, but does fulfill the requirement of being in front of the beit din. Many rely on the Rama and write a pruzbul in front of three regular men.</ref>
			# The pruzbul must be written before the end of the shmittah year.<ref> There is a textual discrepancy (question of girsaot) in the Tosefta (Shviit 8:11), and while the Rosh (Gittin 8:11) writes that a pruzbul must be written during the 6th year (a.k.a. before Rosh haShanna of the shmita year), the Rashba (teshuva 2:314) and others write that it can be written even during the seventh year. The Shulchan Aruch (C.M. 67:31) paskins like the Rashba. However, the Shulchan Aruch Harav (Halvaah 36) says that lichatchila one should be machmir like the Rosh. While some are stringent for the opinion of the Rosh, the common practice appears to be to follow the opinion of the Shulchan Aruch, to only write a pruzbul before the end of the shmita year itself.
			</ref>
	# According to most opinions, the pruzbul should be written Erev Rosh Hashana of the year after Shemita because the loans become nullified at the end of Shemita <ref> Shulchan Aruch 67:30, Sh"t Yechave Daat 4:62, Chatam Sofer CM 50. </ref> However, some poskim do hold to one should write it on Erev Rosh Hashana of the Shemita year itself. <ref> Shulchan Aruch Harav Hilchot Halva'ot Siman 36 based on the opinion of the Rosh Gittin 4:18, 20 that the prohibition to collect loans begins at the beginning of shemita</ref>		# According to most opinions, the pruzbul should be written Erev Rosh Hashana of the year after Shemita because the loans become nullified at the end of Shemita <ref> Shulchan Aruch 67:30, Sh"t Yechave Daat 4:62, Chatam Sofer CM 50. </ref> However, some poskim do hold to one should write it on Erev Rosh Hashana of the Shemita year itself. <ref> Shulchan Aruch Harav Hilchot Halva'ot Siman 36 based on the opinion of the Rosh Gittin 4:18, 20 that the prohibition to collect loans begins at the beginning of shemita</ref>
	# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>		# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>
	# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22</ref>		# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22, Gittin 37a. The Pitchei Teshuva (C.M. 67:4) writes that practically, only a person who is literally homeless, or could be kicked out of his living quarters (such as a person who lives in a dormitory or by their parents) would be considered not to own land. Presumably, one who rents an apartment, and must be given fair warning before he can be removed, is considered to own land for the purposes of pruzbul.
	# One Pruzbul can be written for all loans <ref> Aruch HaShulchan CM 67:12 </ref>		</ref>If the borrower does not own land, the lender should give a small piece of land to him either as a gift or as a temporary loan (until after Rosh Hashana of the 8th year) so that the pruzbul can take effect.<ref> One way to perform such a sale is through a kinyan sudar, akin to the kinyan sudar performed when one appoints a rabbi to sell their chameitz. In this case the borrower (or his representative) would give an object (such as a pen, handkerchief, etc.) to the lender, for which the lender would give a small portion of land to the borrower.</ref>
			# One Pruzbul can be written for all loans <ref> Aruch HaShulchan CM 67:12, Mishna Shviit 10:5 </ref>
	# A husband can include a wife in his Pruzbol even if she does not explicitly appoint him as a Shaliach. <ref> Rav Yosef Tzvi Rimon's Shemita Sefer in the name of Rav Shlomo Zalman Auerbach page 473 </ref>		# A husband can include a wife in his Pruzbol even if she does not explicitly appoint him as a Shaliach. <ref> Rav Yosef Tzvi Rimon's Shemita Sefer in the name of Rav Shlomo Zalman Auerbach page 473 </ref>

	~~==Which Loans are Broken?==~~
	~~# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>~~
	~~# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>~~
	~~# If one does not write a Pruzbul, it’s praiseworthy for the debtor to repay the loan as a gift anyway <ref> Aruch HaShulchan CM 67:14 </ref>~~

	==Links==		==Links==

Js: Text replacement - "S"A" to "Shulchan Aruch"

2015-11-18T08:15:06Z

Text replacement - "S"A" to "Shulchan Aruch"

← Older revision		Revision as of 08:15, 18 November 2015
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	==General Laws of Shemitat Kesafim==		==General Laws of Shemitat Kesafim==
	# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>~~S"A~~ CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3) and Sefer Hachinuch 477. The Rama quotes some who hold that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>		# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>Shulchan Aruch CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3) and Sefer Hachinuch 477. The Rama quotes some who hold that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
	# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>		# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
	# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>		# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>

Dlhanon: /* Which Loans are Broken? */

2015-09-11T14:51:53Z

Which Loans are Broken?

← Older revision		Revision as of 14:51, 11 September 2015
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	# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>		# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>
	# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>		# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>
			# If one does not write a Pruzbul, it’s praiseworthy for the debtor to repay the loan as a gift anyway <ref> Aruch HaShulchan CM 67:14 </ref>

	==Links==		==Links==

Dlhanon: /* Prozbul */

2015-09-11T14:17:22Z

Prozbul

← Older revision		Revision as of 14:17, 11 September 2015
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	# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>		# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>
	# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22</ref>		# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22</ref>
			# One Pruzbul can be written for all loans <ref> Aruch HaShulchan CM 67:12 </ref>
			# A husband can include a wife in his Pruzbol even if she does not explicitly appoint him as a Shaliach. <ref> Rav Yosef Tzvi Rimon's Shemita Sefer in the name of Rav Shlomo Zalman Auerbach page 473 </ref>

	==Which Loans are Broken?==		==Which Loans are Broken?==
	# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>		# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>

Dlhanon at 01:36, 1 September 2015

2015-09-01T01:36:45Z

← Older revision		Revision as of 01:36, 1 September 2015
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	==General Laws of Shemitat Kesafim==		==General Laws of Shemitat Kesafim==
	# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>		# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3) and Sefer Hachinuch 477. The Rama quotes some who hold that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
	# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>		# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
	# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>		# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>
	# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 67:9</ref>		# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 67:9</ref>
	# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch Choshen Mishpat 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>		# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch Choshen Mishpat 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>
	# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>		# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Yechave Daat 4:62, Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2), Minchat Chinuch 477</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>

	==Prozbul==		==Prozbul==
	# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch Choshen Mishpat 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>		# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch Choshen Mishpat 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>
			# According to most opinions, the pruzbul should be written Erev Rosh Hashana of the year after Shemita because the loans become nullified at the end of Shemita <ref> Shulchan Aruch 67:30, Sh"t Yechave Daat 4:62, Chatam Sofer CM 50. </ref> However, some poskim do hold to one should write it on Erev Rosh Hashana of the Shemita year itself. <ref> Shulchan Aruch Harav Hilchot Halva'ot Siman 36 based on the opinion of the Rosh Gittin 4:18, 20 that the prohibition to collect loans begins at the beginning of shemita</ref>
	# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>		# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>
	# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22</ref>		# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22</ref>
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	# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>		# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>

			==Links==
			* [http://www.star-k.org/kashrus/kk-Pruzbul.htm Pruzbul on Star-K]
			* [http://www.yutorah.org/lectures/lecture.cfm/840131/Rabbi_Eli_Ozarowski/A_Halachic_and_Hashkafic_overview_of_Shemitat_Kesafim_-_Prozbul A Halachic and Hashkafic Overview of Shemitat Kesafim - Prozbul] by Rabbi Eli Ozarowski
			* [http://www.dailyhalacha.com/m/halacha.aspx?id=1701 Shemitat Kesafim: The Reasons Behind the Law, and Why No Beracha is Recited] on Dailyhalacha.com
	==Sources==		==Sources==
	<references/>		<references/>

YitzchakSultan: Text replacement - "Shulchan Aruch CM" to "Shulchan Aruch Choshen Mishpat"

2015-08-19T19:46:00Z

Text replacement - "Shulchan Aruch CM" to "Shulchan Aruch Choshen Mishpat"

YitzchakSultan: /* General Laws of Shemitat Kesafim */

2015-08-18T21:43:36Z

General Laws of Shemitat Kesafim

← Older revision		Revision as of 21:43, 18 August 2015
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	==General Laws of Shemitat Kesafim==		==General Laws of Shemitat Kesafim==
	# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch CM 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>		# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch CM 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
	# The year 5775 or 2015 according to their ~~coutning~~ is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>		# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
	# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2</ref>		# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2</ref>
	# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch CM 67:9</ref>		# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch CM 67:9</ref>
	# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>		# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>
	# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>		# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>

	==Prozbul==		==Prozbul==
	# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch CM 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>		# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch CM 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>

YitzchakSultan at 21:42, 18 August 2015

2015-08-18T21:42:38Z

← Older revision		Revision as of 21:42, 18 August 2015
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	# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b, Rambam (Shemittah VeYovel 9:4), Shulchan Aruch CM 67:7</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>		==General Laws of Shemitat Kesafim==
			# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch CM 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
	# The year 5775 or 2015 according to their coutning is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>		# The year 5775 or 2015 according to their coutning is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
	# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2</ref>		# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2</ref>
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	# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>		# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>
	# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>		# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>
			==Prozbul==
			# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch CM 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>
			# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>
			# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch CM 67:22</ref>
			==Which Loans are Broken?==
			# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch CM 67:14</ref>
			# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch CM 67:15</ref>

	==Sources==		==Sources==
	<references/>		<references/>

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Created page with "# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b, Rambam (Shemittah VeYovel 9:4), Shulchan Aruch CM 67:7</ref..."

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# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b, Rambam (Shemittah VeYovel 9:4), Shulchan Aruch CM 67:7</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
# The year 5775 or 2015 according to their coutning is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2</ref>
# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch CM 67:9</ref>
# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>
# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>

==Sources==
<references/>

← Older revision		Revision as of 19:46, 19 August 2015
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	==General Laws of Shemitat Kesafim==		==General Laws of Shemitat Kesafim==
	# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch CM 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>		# At the end of the Shemittah year all loans are broken and may not be collected afterwards.<ref>Gemara Erchin 28b says that Shemittah only breaks loans at the end of the year. This is codified by the Rambam (Shemittah VeYovel 9:4) and Shulchan Aruch Choshen Mishpat 67:30.</ref> Most opinions hold that this mitzvah applies today on a rabbinic level.<ref>S"A CM 67:1 writes that the mitzvah of Shemitat Kesafim applies today on a rabbinic level since Yovel doesn't apply today. Such is the opinion of the Rambam (Shemittah VeYovel 9:3). The Rama quotes some who that it doesn't apply at all nowadays but doesn't recommend relying on that opinion. Shach 67:2 quotes the Bach who says someone who follows the halacha in this matter should be blessed.</ref>
	# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>		# The year 5775 or 2015 according to their counting is a Shemittah. The next Shemittah year is 5782 or 2022 according to their counting. <ref>Even though there was a dispute regarding the correct year of the Shemittah, the Rama CM 67:1 writes the correct counting is that year 5334 is a shemittah year, making year 5775 a shemitta year, by simply adding 441 which is divisible by 7.</ref>
	# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch CM 67:2</ref>		# Shemittah breaks a debt whether it was written in a document or it was just oral.<ref>Mishna Sheviyit 10:1, Shulchan Aruch Choshen Mishpat 67:2</ref>
	# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch CM 67:9</ref>		# If a person stipulates that Shemittah shouldn't break the debt, Shemittah nonetheless does break the debt. However, if a person specified that this particular debt shouldn't be broken by Shemittah the Shemittah doesn't break the debt.<ref>Shmuel in the Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 67:9</ref>
	# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch CM 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>		# A loan which isn't collectable until after Shemittah isn't broken by Shemittah. For example, if a person has a loan that isn't collectable for 10 years, the Shemittah doesn't break it before it is collectable.<ref>The second version of Shmuel on Macot 3b, Tosfot Macot 3b s.v. ika quoting Rabbenu Tam, Ritva 3b s.v. ika quoting the Ramban, Rambam (Shemittah VeYovel 9:9), Shulchan Aruch Choshen Mishpat 67:10, unlike the opinion of Rabbenu Eliyahu quoted by the Ritva ad loc.</ref>
	# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch CM 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>		# If a person has a loan that was made without any specification of when it is collectable, it is only collectable after 30 days unless there is a clear practice otherwise, whether or not it is oral or written.<ref>Gemara Macot 3b, Shulchan Aruch Choshen Mishpat 73:1. The Dvar Avraham 1:32 explains that the reason that the time limit of 30 days depends on the minhag is because it is only an asmachta. However, the Chasdei Dovid (Tosefta Bava Metsia 10:1) writes that even if it is biblical, nonetheless it doesn't apply if there's a practice since the practice makes it as though there was an explicit stipulation.</ref> If a person made such a loan within 30 days of the end of the Shemittah year, some say that the Shemittah year breaks the debt<ref>Bach 67:13, Kesot 67:4, Tumim (Urim 67:27)</ref>, while others say it isn't broken.<ref>Rashash (Macot 3b), Chiddushei HaRan (Shabbat 148b), Torat Zerayim (Sheviit 10:2)</ref> One should be strict and write a prozbul to avoid this issue.<ref>Dvar Avraham 1:32</ref>

	==Prozbul==		==Prozbul==
	# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch CM 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>		# To avoid the issue of having one's debts broken during Shemittah so that people aren't deterred from lending money to a fellow Jew, Hillel invented the Prozbul. The Prozbul is a halachic document established by a significant Bet Din<ref>Shulchan Aruch Choshen Mishpat 67:18 writes that the bet din which sets up the prozbul needs to be a significant one with experts that were accepted by the townsmen. The Rama, however, argues that nowadays one can be lenient to have any bet din write up a prozbul.</ref> that states "I, the lender, am giving to you Judges, so-and-so, so-and-so, and so-and-so, all of my debts so that I can collect it at any time". With this document, ones loans aren't broken.<ref>Mishna Sheviyit 10:2-3, Shulchan Aurch CM 67:18-9. There is a major dispute between Rashi (Macot 3b s.v. Moser) and Tosfot (Macot 3b s.v. Hamoser) as to the mechanism of the prozbul. Rashi maintains that the prozbul in effect transfers the ownership of the debts to Bet Din and since it isn't a personal debt it is collectable even after Shemittah. However, Tosfot argues that such a method would be effective on a biblical level but prozbul is only rabbinic. Rather, explains the Ritva (Macot 3b s.v. Uvemoser) along the lines of Tosfot, it is a mere declaration of the fact that one's debts are give over to Bet Din but in truth nothing is actually transferred.</ref>
	# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>		# The prozbul is even effective for oral loans.<ref>Ritva Macot 3b s.v. Uvemoser, Rama CM 67:19</ref>
	# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch CM 67:22</ref>		# In order for prozbul to be effective the borrower has to own a piece of land.<ref>Mishna Sheviyit 10:6, Shulchan Aruch Choshen Mishpat 67:22</ref>
	==Which Loans are Broken?==		==Which Loans are Broken?==
	# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch CM 67:14</ref>		# A debt for unpaid purchases at a store isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:14</ref>
	# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch CM 67:15</ref>		# A debt for a worker isn't broken by the Shemittah, unless the debt was established as a loan.<ref>Shulchan Aruch Choshen Mishpat 67:15</ref>

	==Sources==		==Sources==
	<references/>		<references/>