Showing posts with label Shmita. Show all posts
Showing posts with label Shmita. Show all posts

Tuesday, August 26, 2008

Halocho #156 - What's a Prozbul?

In Halocho #154 we learnt that when Shmita ends, so does the ability to request payment of certain loans.

However, if loans are handed over to a Bet Din (Jewish court of law) to collect, they may be collected even after Shmita.

Hillel Hazaken (the founder of Bet Hillel, 2,000 years ago) institutionalized handing over ones debts to a Bet Din, using a document called a Prozbul. (Prozbul is a Greek word.)

With a Prozbul one may collect debts even after Shmita ends.

A Prozbul is written and signed in the presence of 3 Torah-learning Jews. A Prozbul needs to be written before Shmita ends to be affective.

Money (or items) loaned after the Prozbul is written are not covered by the Prozbul.

Make sure to calenderize a Prozbul-writing session with your local Orthodox Rabbinate sometime before Rosh Hashana. The last time to write a Prozbul (for this Shmita cycle) is on September 29, 2008.

Source: Kitzur Shulchan Aruch 180:15

- Danny Tuesday, 25 Av 5768

Please daven for ESTHER DEVORA bat MINDEL RUTH - אסתר דבורה בת מינדל רות

Monday, August 25, 2008

Halocho #155 - Repaying debts after Shmita

As we learnt yesterday, this year (5768) is a Shmita year. When Shmita ends on Rosh Hashana, so will the ability to request payment of certain loans. During Shmita one may collect ones debts. After Shmita ends one can no longer request the repayment of any loan that came due before the Shmita year ended. If the debtor repays the debt after Shmita, the creditor must say to him "I have forfeited the debt and you no longer owe me anything". If the debtor responds that he nevertheless wants to repay the creditor, then the creditor may accept the payment. If the debtor explicitly states that he wants to repay the loan, then the creditor may not accept the payment. A creditor may ask people to intercede on his behalf to ensure the debtor returns the loan as a gift. This applies to loans of money as well as items. Source: Kitzur Shulchan Aruch 180:13, 14 More about this tomorrow, - Danny Monday, 24 Av 5768

Please daven for a little girl - TAMAR bat NAAMA - תמר בת נעמה

Sunday, August 24, 2008

Halocho #154 - Loans after Shmita

We already learned in Halocho# 107 that lending money to a Jew, and paying back a loan are both Mitzvot. This year (5768 - ending on Rosh Hashana) is a Shmita year. During Shmita there's a Mitzva to suspend all land-related work. This week's Parsha - Re'eh - teaches us that when Shmita ends, so does the ability to request payment of certain loans. This does not apply to:

  • Loans that were given against collateral.
  • Loans that are only due after Shmita (until after the following Shmita).
  • Loans that were handed over to a Bet Din (Jewish court of law), so that Bet Din become the collection agency.
  • Credit extended by a shopkeeper or rent due to a landlord, until they declare it an outstanding debt.
Source: Kitzur Shulchan Aruch 180:1, 3, 8, 9, 13 More about this tomorrow, - Danny Sunday, 23 Av 5768
Please daven for ESTHER DEVORA bat MINDEL RUTH - אסתר דבורה בת מינדל רות