Comentário sobre Sheviit 10:6
אֵין כּוֹתְבִין פְּרוֹזְבּוּל אֶלָּא עַל הַקַּרְקַע. אִם אֵין לוֹ, מְזַכֶּה הוּא בְּתוֹךְ שָׂדֵהוּ כָּל שֶׁהוּא. הָיְתָה לוֹ שָׂדֶה מְמֻשְׁכֶּנֶת בָּעִיר, כּוֹתְבִין עָלֶיהָ פְּרוֹזְבּוּל. רַבִּי חֻצְפִּית אוֹמֵר, כּוֹתְבִין לָאִישׁ עַל נִכְסֵי אִשְׁתּוֹ, וְלַיְתוֹמִים עַל נִכְסֵי אַפּוֹטְרוֹפִּין:
Um Pruzbul deve ser escrito com a terra [como garantia]. Se ele [o mutuário] não possui [terra], ele [o credor] deve dar-lhe [o mutuário] qualquer quantia de seu campo. Se ele tem um campo sob garantia em uma cidade; um Pruzbul pode ser escrito com ele. O rabino Chutzpit diz que podemos escrever um para um homem com a propriedade de sua esposa [como garantia]; ou para órfãos com a propriedade de seu tutor.
Bartenura on Mishnah Sheviit
אלא על הקרקע – unless the borrower has real-estate, for then, the liability is considered as collected in the hand of the Jewish court and we don’t don’t call him (Deuteronomy 15:2):”he shall not dun [his fellow or his kinsman].”
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sheviit
Introduction
In order to write a prozbul over a debt, the debtor must have land. This is because the lien placed on the land by the debt makes it as if the debt has already been collected by the court at the point of the loan. Therefore when the creditor goes to collect the loan on behalf of the court through the use of the prozbul, it is as if he is collecting a loan that has already been collected. Thus this is not a violation of the prohibition of collecting a debt after the seventh year.
Our mishnah teaches that this requirement can be in a sense “fictionalized” such that the debtor need not actually own land.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sheviit
אם אין לו – if the borrower/debtor [lacks land], and the lender has [land], the creditor/lender transfers to him from his field a small piece and writes upon it a Prozbul, and even if the debt is one-hundred Maneh, because a small piece of land is worthy to collect through it all of his debt, as for example, regarding that he collects and then collects again until he completes all of his debt.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sheviit
A prozbul is written only for [a debt secured by] land. As I explained in the introduction above, in order for a prozbul to be written, the borrower must have land.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sheviit
היתה לו – if the borrower/debtor had a mortgaged field in the city, whether others had mortgaged it to him or whether he mortgaged it [as a security] to others, they write a Prozbul.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sheviit
But if [the debtor] has none, then [the creditor] can give him title to a share, however small, of his own field. The requirement for the debtor to have land may have made receiving a loan difficult, which is again a problem for the poor who are in most need of loans. If a prozbul cannot be written over a loan, a lender may be hesitant about loaning money to someone who really needs it (for instance a sharecropper, who may not own the land and may need a loan to pay for seed). Therefore, the creditor is allowed to give title to a piece of his land to the borrower. This title can in actuality be a fiction, whereby the creditor gives him the smallest piece of land possible on his own property and then he can write a prozbul on as large of a debt as he wishes.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sheviit
כותבין לאיש על נכסי אשתו – such as the land of the wife’s estate of which the husband has the fruition [without responsibility for loss or deterioration].
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sheviit
If he had land in pledge in a city, a prozbul can be written on it. If the debtor gave a piece of land as a pledge in order to secure another loan, the creditor may write a prozbul for a different loan, counting the pledged land as if it was actually still fully in the hands of the debtor. Again, we see that the rabbis are relaxing some of the requirements in order to make it easier for a person to write a prozbul so that he could take out a loan.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sheviit
על נכסי אפוארופין – that they lend for the needs of the orphans as the orphans have no property.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sheviit
Rabbi Hutzpit says: a prozbul may be written for a man on the security of his wife's property, or for an orphan on the security of property belonging to his guardian. Sometimes, a prozbul can be written for a person even though he does not actually own the property. For instance a man who does not own property but is married to a woman who does own property can have a prozbul written on the basis of his wife’s property. Similarly, orphans who don’t actually own property may have a prozbul written based on the property owned by their guardian.
Ask RabbiBookmarkShareCopy