The Case A Year of Sabbatical – Community Magazine
Posted By admin on September 2, 2022
Danny,already in his mid-40s,decidedto move to Jerusalem,Israel andenroll inayeshiva.Having never receivedan extensive Jewish education,he was overwhelmed by thelarge number ofTorahlawsthathe wasentirelyunaware of.He was particularlyintriguedbytheagricultural laws of the Sabbatical year(shemitah),which apply this year (5782),and dedicated most of his energy tostudying these laws.Then,heembarked on thestudy of thefinancialaspectof the Sabbatical year, namely, thecancellationof all debts with the conclusion ofshemitah, with the onset of thenew yearon Rosh Hashanah.Thecancellationcan beavertedby signing a special form called aProzbol.
Danny panicked,as he had recalled collecting a loan of $50,000 after the last Sabbatical year some seven years ago.The loan was collected from his friend Stanley, and Danny was not in a financial position to return the sum.As he was then unaware of the laws ofshemitah, he had not prepared aProzbolform to allow collecting the debt.
Danny and theyeshivas rabbinical staffconsulted with our Bet Din to determine whetherhe needs to return the money toStanley.
How should the Bet Din rule,and why?
Torah Law
The Torah mandates that all loans extended be cancelled with the conclusion of the sabbatical year. Today, this decree is of rabbinical origin since our nation is in exile. Thus, by rule of the Shulhan Aruch it is prohibited for one to claim a loan any time after sunset on the eve of Rosh Hashanah of the following year. This ruling is applicable to basically all types of loans, though it excludes instances in which a lender previously collected collateral from a borrower in order to secure the outstanding obligation. The rationale behind this ruling is that collection of collateral prior to the conclusion of the sabbatical year is comparable to collection of the loan.
A great sage of the Mishna named Hillel observed that because of this mandate people were growing reluctant to lend money as the sabbatical year approached, fearing the inability to collect the debt prior to the time of cancellation. Since the decree was already reduced to a rabbinic restriction, he effectively instituted a Prozbol, a system that enables one to collect outstanding loans even after the sabbatical year. By process of a Prozbol, creditors submit all loans to a rabbinical court, thereby authorizing the court to collect the debt. This effectively allows the creditor himself to collect the debt, since it is the court that is in essence prosecuting the borrower and not the individual. Additionally, a rabbinical court entrusted with the power of collection is similar to holding collateral against a loan and may be viewed as already collected before the cancellation date.
Legally, it is unnecessary for the lender to appear before a rabbinical court to submit the debts owed to him, as it suffices to fill out a Prozbol form before two witnesses. The witnesses are not to be related to one another, or related to the lender. The Prozbol is effective only for loans extended prior to the signing of the application. It is therefore customary to fill out the form shortly before the time of cancellation.
With the conclusion of the sabbatical year, only loans remaining unpaid that are past their due date are cancelled. If however, the loan is not overdue, rather the time set to repay a loan is only after the sabbatical year, it is not canceled and one need not complete a Prozbol form. Hence, in instances in which a loan extended was set to be repaid by a borrower only after the sabbatical year, it is not cancelled in the event a Prozbol form was not completed by the lender.
Interestingly, contemporary halachic authorities rule leniently with regard to people who were previously non-religious and unaffiliated with Jewish practice who consequently did not complete a Prozbol form. Hence, in the event a loan was already collected after the sabbatical year, in such instances the funds need not be returned to the borrower. The rationale behind this ruling is beyond the scope of this article.
A Prozbol form according to Sephardic tradition is being provided for our readers. As mentioned, once the form is signed by the witnesses it is valid, there is no need to contact or submit the form to the Bet Din. It is perfectly permissible to use the services of any well recognized Bet Din that is appointed by the masses, even if the Bet Din is located outside of ones area. Renowned sages of Syria would customarily use the services of the rabbinical courts of Israel to officiate a Prozbol.
Endnotes: See Hazon Obadiah, Prozbol
Verdict: The Time Is Right
Our Bet Din ruled that Danny was permitted to withhold the $50,000 he collected from Stanley. Although Danny did not prepare a Prozbol prior to last years Sabbatical, by law he was not required to do so. As mentioned, only loans past their due date are cancelled with the conclusion of the Sabbatical year. Since the loan extended to Stanley was only payable after the sabbatical year, it was not cancelled and a Prozbol was not needed. Furthermore, even for other smaller loans Danny collected from borrowers that should have been cancelled, he nevertheless does not need to return the funds. Since Danny was a non-observant Jew unaware of the prohibition at the time he collected the loans, according to leading contemporary halachic authorities he may withhold the funds. Obviously, now that Danny is an observant Jew he is required to prepare a Prozbol for the upcoming cancellation date. If he fails to do so, his loans past due will be cancelled upon sunset the eve of this Rosh Hashanah.
A Prozbol form according to Sephardic tradition is being made available to our readers. Follow the instructions detailed in Torah law when filling out the form.
YOU BE THE JUDGE
Get Out!!
David rented a home from Steven for ten months, with the rental contract expiring on June 30, 2022. Although David was planning a trip overseas in early June, he nevertheless, as per his contractual obligation, sent Steven payment in full for the month of June. David moved all his belongings out of the house and returned the keys to Steven on June 7th, before he left for overseas with his family. While overseas, David immediately realized that he forgot to empty the vault in the master bedroom prior to his departure. He contacted his brother and gave him the code to the back door to enter and collect his valuables from the vault. Upon his brothers entry to the home, he was confronted with an entire family living on the premises. The brother contacted Steven, the owner, and he arranged for the vault to be emptied and its contents returned. However, David was exasperated that Steven, without consent, rented out the home to another family before June 30. In Bet Din David demanded of Steven that all proceeds from the new tenants are to be forwarded to him. David explained that since he rented and paid for the home until June 30, he is the rightful owner and is entitled to the earnings. Steven replied that as the owner he had the right to rent out the vacancy especially after David returned to him the keys. Furthermore, Steven explained that he rented his home for the summer at a high summer rate per month and he clearly had no intention of forwarding his earnings to David. David responded by threatening that either the summer tenants vacate the property until July 1, or all proceeds of the three-week term be paid to him.
Read the rest here:
The Case A Year of Sabbatical - Community Magazine
- Sephardic Jews - Wikipedia - February 2nd, 2023
- In Turkey, a festival revives a jewel of the Sephardic world and aims ... - January 10th, 2023
- In Turkey, a festival revives a jewel of the Sephardic world and aims to break stereotypes - JTA News - Jewish Telegraphic Agency - January 10th, 2023
- Under coalition deal, chief Sephardic rabbi will head panel that ... - December 29th, 2022
- Beyond Sufganiyot and Latkes: 6 Delicious Recipes to Add Some Sephardic ... - December 29th, 2022
- Jewish religious movements - Wikipedia - December 23rd, 2022
- Palestinian Jews - Wikipedia - December 21st, 2022
- Sephardic Jewish cuisine - Wikipedia - October 25th, 2022
- Elul in Uzbekistan: Looking back at thousands of years to find inspiration for today - eJewish Philanthropy - October 8th, 2022
- Spice-packed chicken rolo is a perfect dinner in the sukkah J. - The Jewish News of Northern California - October 6th, 2022
- Beth Israel explores 'Roots of the Sephardic Jews in Texas' - Jewish Herald-Voice - September 23rd, 2022
- Why Rosh Hashanah Meals Are Different Anywhere You Go - Mashed - September 23rd, 2022
- What foods are in a Rosh Hashanah Seder? Take our quiz to find out - Forward - September 23rd, 2022
- Tel Aviv: The other face of the most expensive city in the world - EL PAS USA - September 23rd, 2022
- Farewell to the Shemittah! Torah.org - Torah.org - September 23rd, 2022
- A Fall Full of Cooking Shows on WTTW - WTTW - September 2nd, 2022
- World Premiere of Composer Michael Shapiro's VOICES to be Presented at Central Synagogue in November - Broadway World - September 2nd, 2022
- Zeal of the Convert - Randy Rosenthal - The American Scholar - September 2nd, 2022
- Delegates from More Than 50 Countries to Take Part in Congress of Leaders of World and Traditional Religions in Kazakhstan - Astana Times - August 30th, 2022
- Recipes for okra, the unheralded star of summer - Los Angeles Times - August 30th, 2022
- The Jewish and Intellectual Origins of this Famously Non-Jewish Jew - Jewish Journal - August 27th, 2022
- Children's books by local Jewish authors educate and delight J. - The Jewish News of Northern California - August 20th, 2022
- Marvel's Jewish Voices: Where Are They? - Comic Watch - August 20th, 2022
- LETTERS: Sorry situation at Kotel; SFUSD wrong on Muslim holidays J. - The Jewish News of Northern California - August 20th, 2022
- What Hate Can Do: inside a devastating new exhibition on the Holocaust - The Guardian - July 16th, 2022
- Lily Safra, fabulously rich philanthropist whose life was peppered with drama and mystery obituary - The Telegraph - July 16th, 2022
- Which boy is the best boy for Kamala Khan? - Polygon - July 16th, 2022
- Blue Thread Performance Group Presents Series of Free Concerts Next Week - University of Arkansas Newswire - July 14th, 2022
- UK Conservative hopefuls strikingly diverse, firmly on right - ABC News - July 14th, 2022
- Married in the US; single in the EU - Rochester BeaconRochester Beacon - Rochester Beacon - July 14th, 2022
- Lily Safra, One Of The World's Richest Women, Dies at 87 - TheTealMango - July 10th, 2022
- Retracing the Old Havana Neighborhood of San Isidro - Havana Times - July 10th, 2022
- Greece Losing Battle of Thessaloniki to Anarchists, Hooligans - The National Herald - July 10th, 2022
- Moroccan Orange and Cured Olive Salad - Jewish Journal - July 4th, 2022
- The Shared Beliefs Of Muslims And Jews In Morocco Analysis - Eurasia Review - July 4th, 2022
- Poll: 66% of Haredi Voters Want Netanyahu to Step Down If He Fails to Forge a Government - The Jewish Press - JewishPress.com - July 4th, 2022
- Where is the Jewish 'Bridgerton'? In search of better Jewish period pieces - The Jewish News of Northern California - July 4th, 2022
- Daily Briefing Jun 22: Does Netanyahu have tricks up his sleeve to form a govt now? - The Times of Israel - June 26th, 2022
- Happy as this Jew in France - JNS.org - JNS.org - June 26th, 2022
- My Last Cup of Coffee with AB Yehoshua - Jewish Journal - June 17th, 2022
- Doron Almog, retired general and disabilities advocate, set to head Jewish Agency - JTA News - Jewish Telegraphic Agency - June 17th, 2022
- The Ropa Vieja story: the National Dish of Cuba | Revolucin de Cuba - June 13th, 2022
- Jewish surname - Wikipedia - June 13th, 2022
- SF Jewish Pride Fund visits LGBTQ grantees in Israel - The Jewish News of Northern California - June 13th, 2022
- The Weird and Wonderful Foods of Star Wars Made Jewish - aish.com - Aish - June 13th, 2022
- Sephardic Matzah Spinach Pie Recipe | The Nosher - June 4th, 2022
- The Zionism Of Warren G. Harding - The Jewish Press - JewishPress.com - June 2nd, 2022
- What is the Lag BaOmer pilgrimage? - The Conversation - May 18th, 2022
- Spiteful Synagogue Syndrome stories | Elchanan Poupko | The Blogs - The Times of Israel - May 18th, 2022
- SF senior home recognized by Fast Company for virtual memory care J. - The Jewish News of Northern California - May 18th, 2022
- My Abortion Helped Make My Jewish Family Whole Kveller - Kveller.com - May 18th, 2022
- Executive director of embattled Jewish Federation stepping down after months of turmoil - Santa Fe New Mexican - May 18th, 2022
- OU PRESS announces the publication of Bridging Traditions: Demystifying Differences Between Sephardic and Ashkenazic Jews by Rabbi Haim Jachter and... - May 4th, 2022
- Why are Mizrahi and Sephardic communities being misrepresented as anti-Israel? - JNS.org - May 4th, 2022
- Beit Harambam United in Times of Adversity - Jewish Exponent - May 4th, 2022
- Ruben Navarrette commentary: Faced with Ukrainians seeking refuge, Israel fails the immigration test again - West Central Tribune - May 4th, 2022
- Great Neck rabbi and Rambam boost Tiberias - The Jewish Star - May 4th, 2022
- 'Ace of Taste' shows the savory side of chef Duff Goldman - Journal Inquirer - May 4th, 2022
- Synagogue Spotlight: Keter Torah Currently Has Members From About 20 Countries Among Their 100 or so Families - The Jewish News - April 29th, 2022
- Ladino's gives sneak peek of Mediterranean cuisine ahead of grand opening - mySA - April 29th, 2022
- Following Roman Abramovich scrutiny, Portugal tightens ... - March 20th, 2022
- Funeral for Rabbi Chaim Kanievsky, zt'l: Roads to be Closed, Hundreds of Thousands Expected to Attend - The Jewish Press - JewishPress.com - March 20th, 2022
- Plane belonging to oligarch Abramovich reportedly lands in Israel - The Times of Israel - March 20th, 2022
- Ukraine crisis sharpens Israel's existential need for conversion reform - The Times of Israel - March 18th, 2022
- Lisbon Jewish Community - cilisboa.org - March 14th, 2022
- A Date with a Purim Destiny and The Rolled Up Sweetness of Fijuelas - Jewish Journal - March 14th, 2022
- Inspired by the river, settlers chose the name Atrisco - Jacksonville Journal-Courier - March 14th, 2022
- Lyric Fest Presents Concert of World Premieres, THE SONG CATCHER: THE FOLK SONG RE-IMAGINED - Broadway World - March 14th, 2022
- Lily Henley's upcoming album dialogues with centuries of Sephardic Jewish women - Grateful Web - March 8th, 2022
- Chatham Baroque Brings East of the River To Pittsburgh For A Program Of Medieval Sephardic Music and More - Broadway World - March 8th, 2022
- Obituary: Matilda Rosenberg, 69, social worker who strived to honor the memory of Holocaust survivors like her parents - Shawnee Mission Post - March 8th, 2022
- Poetry and Music | The UCSB Current - The UCSB Current - February 28th, 2022
- The Five Minute Read - Lowell Sun - February 28th, 2022
- Kissing Children In The Synagogue - The Jewish Press - JewishPress.com - February 28th, 2022
- 40% Of Americans Might Be Eligible For Dual Citizenship (And A Second Passport): Here's What You Need To Know - Forbes - February 28th, 2022
- TABC Sephardic Student Inquiry: Is It Acceptable for Me to Wear My Tzitzit Out? - The Jewish Link - February 11th, 2022
- Five Towns Chabad honors the Friedmans | Herald Community Newspapers - liherald - February 11th, 2022
- Top UK Jewish body tells visiting far-right MK Smotrich to get back on a plane - The Times of Israel - February 11th, 2022
- Drop the Goldberg name you co-opted, Whoopi -- you don't deserve it - New York Post - February 7th, 2022
- Review: In Prayer for the French Republic, Echoes of the Past - The New York Times - February 7th, 2022
Comments