At the end of the previous year, we have explained in the context of the Halacha Yomit that any debt one is owed by another which is already due to be repaid which the Shemitta year passes over, immediately at the conclusion of the Shemitta year, the debt is canceled. We have also discussed that the debts owed to one who has filled out a Prozbul are not canceled by Shevi’it.
Just as one may fill out a Prozbul himself, one may likewise appoint an agent to do so on one’s behalf, for instance, one may request from the rabbi of one’s community to fill out a Prozbul on one’s behalf. Two Shemittot ago, (5768/2008), Maran zt”l instructed us that we may accept powers of attorney through our website “Halacha Yomit” for anyone interested in doing so authorizing us as their agent to fill out the Prozbul. Indeed, we had filled out thousands of Prozbul contracts that year on behalf of our members.
Now, let us discuss an interesting question we have received regarding the above law:
Question: How is it that one may appoint an agent to fill out a Prozbul on one’s behalf, for when the lender comes to claim repayment of the loan from the borrower, the borrower can claim that the debt has already been canceled by Shevi’it and the lender will not be able to counter-claim that he has already filled out a Prozbul and the debt has not been canceled because he does not have the Prozbul in his hands to show?! This brings about another question: Until when must one retain the Prozbul contract? Forever?
Answer: The Borrower’s Claim
Indeed, if a borrower comes once Shevi’it has passed and claims to his lender that the debt has already been canceled with the conclusion of the Shemitta year, his claim is correct according to Torah law and the lender has lost the debt owed to him. Nevertheless, this only applies when the lender has not written a Prozbul; however, if he has written one, although the lender does not have it in his hand at the time, he is believed to claim that he has filled out a Prozbul by means of an agent. This law is derived from a similar Halacha, as we shall now discuss.
I Had a Prozbul and I Lost It
The Gemara (Gittin 37b) states that Rav Nachman said that one is believed to claim that “I had a Prozbul, but I lost it,” for since our Sages enacted the Prozbul contract, “one does not leave the permissible and eat the forbidden.” This means that if one comes to collect a debt and the borrower claims that the debt has already been canceled by Shevi’it, the lender is believed to say that he filled out a Prozbul, but it was lost. The reason the lender is believed to say this is because we have a strong assumption that an upstanding individual does not leave a permissible object in favor of a forbidden object when he has a choice. Thus, since our Sages enacted the Prozbul contract through which one will be able to collect one’s debts in a permissible fashion, there is no reason to be concerned that one will leave the permissible way to collect one’s debts in favor of collecting one’s debts without writing a Prozbul in a forbidden manner. Rather, we believe the lender and since he had a permissible manner to collect his debts through filling out a Prozbul, he must certainly have done so; he may therefore collect his debt. Maran Ha’Shulchan Aruch (Choshen Mishpat, Chapter 67, Section 33) rules likewise.
Based on the above, the same would apply in our case and since there is no necessity to actually present the Prozbul contract in Bet Din, for the actual Prozbul contract is not required as a proof that it was filled out and the claim of “I had filled out a Prozbul but I lost it” is sufficient, thus, even if one claims that one has filled out a Prozbul by means of the “Halacha Yomit” website or any other agent, one will be believed and Bet Din will rule that one is halachically permitted to collect one’s debts.
Summary: One may appoint a messenger to fill out a Prozbul on one’s behalf. Any Prozbul contract filled out by an agent one behalf of another need not actually make its way to the hands of the lender. Rather, once the agent fills out the Prozbul in accordance with Halacha, the lender will be believed with this claim in Bet Din, and he will be able to collect his debts in accordance with Torah law.
