פרוזבול

What Sabbath does for the individual, shmita does for the nation as a whole. The Jewish people, in whom the godly, creative force is planted eternally and distinctively, has a special need to periodically reveal the divine light within itself with full intensity. Our mundane lives, with their toil, anxiety, anger, and competition do not entirely suffocate this creative force. On the shmita, our pure, inner spirit may be revealed as it truly is. The forcefulness that is inevitably part of our regular, public lives lessens our moral refinement. There is always a tension between the ideal of listening to the voice inside us that calls us to be kind, truthful, and merciful, and the conflict, compulsion, and pressure to be unyielding that surround buying, selling, and acquiring things. These aspects of the world of action distance us from the divine light and prevent its being discerned in the public life of the nation. This distancing also permeates the morality of individuals like poison. Stilling the tumult of social life from time to time in certain predictable ways is meant to move this nation, when it is well-ordered, to rise toward an encounter with the heights of its other, inner moral and spiritual life. They touch the divine qualities inside them that transcend all the stratagems of the social order and that cultivate and elevate our social arrangements, bringing them toward perfection.

(1) The sabbatical year cancels a debt written in a document or one not written in a document. A debt to a shop is not cancelled, but if it had been converted into the form of a loan, then it is cancelled. Rabbi Judah says: the former debt is always cancelled. A wage-debt to a worker is not cancelled, but if it had been converted into a loan it is cancelled. Rabbi Yose says: the [payment for] any work that must cease with the seventh year, is cancelled, but if it need not cease with the seventh year, then it is not cancelled.

(2) One who slaughters a cow and divides it up on Rosh Hashanah [at the end of the seventh year]: If the month had been intercalated, [the debt] is remitted. But if it had not been intercalated, it is not remitted. [Fines for] rape, for seduction, for defamation, and all other obligations arising from legal procedure, are not remitted. One who loans and takes a pledge, and one who hands over his debt documents to a court, [these debts] are not remitted.

(3) [A loan secured by] a prozbul is not cancelled. This was one of the things enacted by Hillel the elder; for when he observed people refraining from lending to one another, and thus transgressing what is written in the Torah, “Beware, lest you harbor the base thought, [‘The seventh year, the year of remission, is approaching,’ so that you are mean to your needy kinsman and give him nothing.” Hillel enacted the prozbul.

(4) This is the formula of the prozbul: “I turn over to you, so-and-so, judges of such and such a place, that any debt that I may have outstanding, I shall collect it whenever I desire.” And the judges sign below, or the witnesses.

(5) A pre-dated prozbul is valid, but a post-dated one, is invalid. Pre-dated loan documents [of loans] are invalid, but post-dated one valid. If one borrows from five persons, then he writes a separate prozbul for each [creditor]. But if five borrow from the same person, then he writes only one prozbul for them all.

(6) A prozbul is written only for [a debt secured by] land. But if [the debtor] has none, then [the creditor] can give him title to a share, however small, of his own field. If he had land in pledge in a city, a prozbul can be written on it. 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.

(7) A bee-hive:Rabbi Eliezer says: Behold, it is like land and a prozbul may be written [using it as security] and it is not susceptible to uncleanness while it remains in its place, and one who takes honey from it on Shabbat is liable. But the sages say: it is not like land, a prozbul may not be written [using it as security], it is susceptible to uncleanness while in its place, and one who takes honey from it on Shabbat is exempt.

(8) One who returns a debt [after] the seventh year, the [creditor] must say to [the debtor]: “I remit it.” But [the debtor] should say: “Even so [I will repay it].” [The creditor] may then accept it from him, because it says: “And this is the word of the release” (Deuteronomy 15:2). Similarly, when [an accidental] killer has been exiled to a city of refuge, and the citizens want to honor him, he must say to them: “I am a murderer.” If they say: “Even so, [we want to honor you], then he may accept [the honor] from them, because it says: “And this is the word of the murderer” (Deuteronomy 19:4).

(9) One who repays his debts after the seventh year, the sages are pleased with him. One who borrows from a convert whose sons had converted with him, the debt need not be repaid to his sons, but if he returns it the sages are pleased with him. All movable property can be acquired [only] by the act of drawing, but whoever fulfills his word, the sages are well pleased with him.