1)

A WRONGLY DATED PROZBUL AND THE REQUIREMENT OF LAND (Yerushalmi Sheviis Perek 10 Halachah 3 Daf 29b)

îùðä ôøåæáåì äîå÷ãí ëùø åäîàåçø ôñåì

(a)

(Mishnah): A pre-dated Prozbul is valid; a post-dated one is invalid.

ùèøé çåá äîå÷ãîéï ôñåìéï åäîàåçøéï ëùøéï

(b)

Pre-dated loan documents are invalid; post-dated ones are valid.

à' ìåä îä' ëåúáéï ôøåæáåì ìëì à' åà' çîùä ìååéï îï àçã àéðå ëåúá àìà ôøåæáåì à' ìëåìï

(c)

If one person borrowed from five, each lender writes a Prozbul. If five borrowed from one, one Prozbul is written for all of them.

[ãó ôä òîåã à (òåæ åäãø)] àéï ëåúáéï ôøåæáåì àìà òì ä÷ø÷ò àí àéï ìå îæëäå áúåê ùãäå ëì ùäåà äéúä ìå ùãä îîåùëðú áòéø ëåúáéï òìéä ôøåæáåì

(d)

One may only write a Prozbul over (a debt secured by) land. (I.e. the borrower must own land.) If he doesn't own land, the lender should give him a piece of land of any value within his own field. If the borrower has a field pledged as collateral in the city (for another debt), a Prozbul may be written.

øáé çåöôéú àåîø ëåúáéï ìàãí òì ðëñé àùúå åìéúåîéí òì ðëñé àôèøåôéï

(e)

(R. Chutzpis): A Prozbul may be written for a borrower using his wife's property (as the required land) and for orphans using their guardian's land.

ëååøú ãáåøéí øáé ìéòæø àåîø äøé äéà ë÷ø÷ò åëåúáéï òìéä ôøåæáåì åàéðä î÷áìú èåîàä áî÷åîä åäøåãä îîðä áùáú çééá

(f)

A bee-hive (that is resting on but not attached to the ground) - R. Eliezer says that it is considered to be the ground, so a Prozbul may be written over it and it cannot contract Tumah in its place, and one who detaches honey from it on Shabbos would be liable.

åçëîéí àåîøéí àéðä ë÷ø÷ò åàéï ëåúáéï òìéä ôøåæáåì åî÷áìú èåîàä áî÷åîä åäøåãä îîðä áùáú ôèåø

1.

(Chachamim): It is not considered to be the ground, so a Prozbul may not be written over it, it contracts Tumah in its place and one who detaches honey from it on Shabbos is exempt.

äîçæéø çåá áùáéòéú àåîø ìå îùîè àðé àí àîø ìå àòô''ë é÷áì îîðå ùðàîø (ãáøéí èå) åæä ãáø äùîéèä

(g)

One who comes to return a loan in Sheviis - the lender must tell him, "I release (the debt)''. If the borrower says, "Even so, (I wish to repay it)'', he may accept the payment, as the pasuk states (Devarim 15:2), "This is the Dvar of the release''. (Dvar is usually translated as matter; here it means 'word', that the lender is merely required to state that he releases the debt.)

ëéåöà áå øåöç ùâìä ìòéø î÷ìè åøöå àðùé äòéø ìëáãå éàîø ìäí øåöç àðé àîøå ìå àòô''ë é÷áì îäï ùðàîø åæä ãáø äøåöç:

(h)

Similarly, when a (unintentional) murderer arrives at the city of refuge and the people there wish to honor him, he must tell them, "I'm a murderer''. If they say, "Even so...'', he may accept the honor, as the pasuk states (Devarim 19:4), "This is the Dvar of the murderer'' etc.

âîøà ôøåæáåì äîå÷ãí ëùø [ãó ì òîåã à] îôðé ùäåà îéøò ëåçå åäîàåçø ôñåì îôðé ùîééôä ëåçå ùèøé çåá äîå÷ãîéí ôñåìéï îôðé ùîééôä ëåçï åäîàåçøéï ëùøéï îôðé ùäåà îåøò ëåçï

(i)

(Gemara): A pre-dated Prozbul is valid, because it weakens the lender's position. A post-dated Prozbul is invalid, because it strengthens his position. Pre-dated loan documents are invalid, because they strengthen the lender's position. Post-dated loans documents are valid, because they weaken his position.

îé îéãò

(j)

Question: Who informs the Beis Din that the document is pre-dated?

[ãó ôä òîåã á (òåæ åäãø)] ùîòåï áø ååà áùí øáé éåçðï äçúåîéï áùèø

(k)

Answer (Shimon bar Vava citing R. Yochanan): Those that signed it.

ìà ëï àîø ø''ù áï ì÷éù òùå ãáøé äçúåîéï áùèø ëîé ùðç÷øä òãåúï áá''ã

(l)

Support: Didn't R. Shimon ben Lakish say that they viewed those that signed on the document as if they were cross-examined in Beis Din.

úîï àåúï ùàîøå ìà çúîðå ëì òé÷ø áøí äëà àîøé òì æä çúîðå åìà çúîðå òì æä

(m)

Rebuttal: He was referring to when the witnesses later said that they didn't sign at all. Here, they said that they signed only on the loan itself, but were not signing as to the accuracy of the date.

2)

USING PRE-DATED DOCUMENTS (Yerushalmi Sheviis Perek 10 Halachah 3 Daf 30a)

øáé éåçðï àîø ôñåìéï îîù åø''ù áï ì÷éù àîø àéðå îåðä àìà îùòú äëúá

(a)

(Pre-dated loan documents...) R. Yochanan said that they are completely invalid (and cannot be used to collect). R. Shimon ben Lakish said that they are valid but may only be used to collect from the actual date that it was written.

åäúðé ôøåæáåì áéï îå÷ãí áéï îàåçø ëùø åàéðå îåðä àìà îùòú äëúá àí àåîø àú ëï áùèøåú îä áéï ôøåæáåì îä áéï ùèø

(b)

Question (Baraisa): A Prozbul - whether pre or post-dated, it is valid, but it may only be counted from when it was written. (This is unlike the Chachamim of Mishnah). If you say that it's the same with documents (like Reish Lakish), what's the difference between Prozbul and other documents? (This disproves R. Shimon ben Lakish.)

ùèø ùæîðå ëúåá áùáú àå áé' áúùøé øáé éåãä îëùéø åøáé éåñé ôåñì à''ì øáé éåãä îòùä áà ìôðéê áöéôåøé åäëùøú à''ì àðé ìà äëùøúé åàí äëùøúé äëùøúé

(c)

If a document is dated on Shabbos (if one checks out its calendar date) or the 10th of Tishrei, R. Yehuda says that it is valid; R. Yosi says that it is invalid (since the date is certainly wrong). R. Yehuda said to R. Yosi - Such a case was brought to you in Tzipori and you ruled that it was valid! R. Yosi replied - I didn't rule that it was valid, but if I did, it was for a different reason.

äååï áòåï îéîø [ãó ôå òîåã à (òåæ åäãø)] îàï ãàîø ôñåì îùåí (îàåçø)[îå÷ãí] åî''ã ëùø îùåí (îå÷ãí)[îàåçø] àìà î''ã ôñåì îùåí æéåó

(d)

The students wanted to suggest that R. Yosi's was concerned that it was pre-dated and R. Yehuda reasoned that it was post-dated. However, in conclusion, even according to R. Yosi, if there is proof that it is valid, it is fine, and his concern was for forgery.

3)

THE REQUIREMENT OF LAND (Yerushalmi Sheviis Perek 10 Halachah 3 Daf 30a)

øá àîø åäåà ùéäà ÷ø÷ò ìîìåä åììåä

(a)

(Rav): Both the lender and the borrower must own land.

åø' éåçðï àîø ìîìåä àó òì ôé ùàéï ììåä åììåä àò''ô ùàéï ìîìåä

(b)

(R. Yochanan): Either the lender or the borrower must own land.

àéï ìå ÷ø÷ò åìçééáéï ìå ÷ø÷ò ëåúáéï ìå ôøåæáåì

(c)

If the borrower doesn't have land but those that owe him do have land, the lender may write a Prozbul. (See earlier Chulin 45(n).)

øáé áà áùí øá îé ùàéï ìå àìà ÷ìç à' áúåê ùãäå ëåúáéï ìå ôøåæáåì

(d)

(R. Ba citing Rav): If one only has one stalk of produce in his field, they may write a Prozbul because of it.

åäúðé äùåúôéï åäàøéñéï åäàôéèøåôéï àéï ìäí ôøåæáåì

(e)

Question (Baraisa): A Prozbul cannot be written for partners, sharecroppers and guardians because they don't have a field that is exclusively theirs. (But how are they different to owning one stalk?)

àîøé úîï ëì ÷ìç å÷ìç ùì ùåúôåú äåà áøí äëà äåà ùìå

(f)

Answer: In that Baraisa, each and every stalk is only partially owned; but here, he fully owns that one stalk.

îäå ìéëúåá ìàôèøåôåñ òì ðëñé éúåîéí

(g)

Question: For a guardian who borrowed for himself, may one write a Prozbul over the property of the orphans (that he is taking care of)?

ðùîòéðà îï äãà ëåúáéï ìàéù òì ðëñé àùúå

(h)

Answer (Mishnah): One may write a Prozbul for a man over his wife's property.

îäå ìëúåá ìàùä òì ðëñé áòìä

(i)

Question: May one write a Prozbul for a woman over her husband's property?

ðùîòéðà îï äãà åëï ìéúåîéï òì ðëñé àôåèøåôåï

(j)

Answer (Mishnah): One may write a Prozbul for orphans over their guardian's property.

4)

THE STATUS OF A BEE-HIVE (Yerushalmi Sheviis Perek 10 Halachah 3 Daf 30a)

øáé àáäå áùí ø''ù áï ì÷éù èòîà ãø''à (ùîåàì à éã) åéáà äòí àì äéòø åäðä äìê äãáù

(a)

(R. Abahu citing R. Shimon ben Lakish): (The Mishnah taught about a bee-hive (that is resting on but not attached to the ground) - R. Eliezer says that it is considered to be the ground, so a Prozbul may be written over it...etc.) R. Eliezer's source is the pasuk (Shmuel I 14:26), "And the nation came to the forest and behold, there was a flow of honey''. (It's as if the pasuk wrote - 'And behold, the honey was flowing from the forest'.)

îä àú ù''î

(b)

Question: But how do we deduce that from this pasuk?!

àîø øáé îðà çåøùà îôé÷ ãáù åàéìå àîø åéèáåì àåúå áéòøú äãáù éàåú

(c)

(R. Mana): (Also questioning the proof) Can a forest produce honey? Had it been proven from the next pasuk, "(and he extended the end of the staff which was in his hand) and dipped it into the Yaaros Dvash (honeycomb - or literally forests of honey)'' -it would have been understood that the forest produces honey and a bee-hive is considered connected to the ground. (But what is the proof from the previous from the first pasuk brought?)

øáé éåñé á''ø áåï áùí ø''ù áï ì÷éù àîø ùîòä éúä ëï åéèáåì àåúä áéòø' äãáù

(d)

(R. Yosi b'R. Bun citing R. Shimon ben Lakish): We do in fact learn from that second pasuk of 'and dipped it into the Yaaros HaDvash'.

îä àðï ÷ééîéï àí áîçåáø ì÷ø÷ò ëì òîà îåãéé ùäåà ë÷ø÷ò [ãó ôå òîåã á (òåæ åäãø)] àí áðúåðä òì âáé ùúé éúéãåú ëì òîà îåãéé ùàéðä ë÷ø÷ò àìà ëé àðï ÷ééîéï áîåðçú òì âáé ÷ø÷ò åàúéé

(e)

What's the case of the Mishnah's dispute? If the bee-hive is attached to the ground (with mud), all agree that it is like the ground. If it's resting on top of pegs, all agree that it is not like the ground. Rather, it is resting directly on the ground, but not attached...

ëéé ãàîø øáé æòéøà áùí øáé éøîéä ëåúáéï ôøåæáåì òì î÷åîä ùì úðåø åòì î÷åîä ùì ëéøä

(f)

It is like R. Zeira taught from R. Yirmiyah that one may write a Prozbul even if he lent him the ground under an oven or a stove. (Similarly, the ground under his bee-hive is considered his land for a Prozbul.)

øáé çåðà áø àãà àîø àó òì î÷åîä ùì ðø

(g)

(Rav Chuna bar Ada): Even if he lent him the ground under a candle.

àó áôú ëï îçìå÷ú ø''à åçëîéí

(h)

Question: Does the same dispute exist about removing a bread from an oven as it does about removing honey from a bee-hive?

ãáù âéãåìé [ãó ì òîåã á] ëååøú ôú àéðå âéãåìé úðåø

(i)

Answer: A bee-hive is different as the honey grows there, but bread doesn't grow in an oven.

äîçæéø çåá áùáéòéú àåîø ìå îùîè àðé

(j)

If one returns a debt in Sheviis, the lender must say that he releases him of the obligation.

øá äåðà àîø áùôä øôä åäéîéï ôùåèä ì÷áì

(k)

(R. Huna): He should say it in a weak voice but with his right hand outstretched.

àîø øáé éåñé äãà àîøä áø ðù ãúðé çãà îéëìà åäåà àæì ìàúø åàéðåï îå÷øéï ìéä áâéï úøúéé öøéê îéîø ìåï àðà çãà îéëìà àðà çëéí:

(l)

(R. Yosi): (The end of the Mishnah spoke about the obligation for a lender and also a person coming to a city of refuge to state their situation.) We learn from here that a person who learned one Maseches and he goes somewhere where they honor him for knowing two, he must set them straight.