Can I make a pruzbul through your beis din, and how?

Answer:

Yes, a pruzbul can be made via any Beis Din.

In principle a person needs to sign a pruzbul document at the end of the Shemittah year – meaning at the end of year 5775 (and not now, before the commencement of year 5775). Some are particular to write a pruzbul now, but this is not the general custom.

The text of the pruzbul should be something alone the following lines:

“In the presence of the undersigned two witnesses there appeared before us [name of creditor] who declared before us as follows:

“Be my witnesses that I am submitting all of the debts owed to me to Beis Din Nesivos Chaim in Jerusalem, so that I may therefore collect these debts at any time that I desire.”

In witness whereof we hereby affix our signatures this [date] here in [place].

Signed: [witness]

Signed: [witness]

Best wishes.

Sources:

Shemittah cancels loans only at the end of the shemittah year. The Pasuk states “At the end of seven years you shall institute a remission. This is the matter of the remission: Every creditor shall remit his authority over what he has lent his fellow.” The words “at the end of seven years” are understood to mean that the loan is cancelled only at the end of the shemittah year. This is the ruling of the Shulchan Aruch, based on the Rambam (67:30-31).

However, the The Rosh (Gittin 4:18,20) cites a Tosefta that the pruzbul should be written “the eve of Rosh Hashanah of shevi’is” and based on this some write that one should make the Pruzbul before Rosh Hashanah (see Sema 67:53).

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