originally belonged to, were again occupied by Israel after their return from Babylon. But
this, as other rules laid down by the Rabbis, had many exceptions (Mish. Shev. vi. 1).
Scripture References To It/The 'Prosbul'
As Div inely enjoined, the soil was to be left uncultivated at the end of every period of
six years, beginning, as the Jews argue, after the Passover for the barley, after Pentecost
for the wheat, and after the Feast of Tabernacles for all fruit -trees. The Sabbatical year
itself commenced, as most of them hold, on New Year's Day, which fell on the new moon
of the tenth month, or Tishri. 108
Whatever grew of itself during the year was to belong to the poor (Exo 23:10,11), which,
however, as Leviticus 25:6 shows, did not exclude its use as 'meat' only its storage and
sale, by the family to which the land belonged. Yet a third Scriptural notice constitutes
the Sabbatical year that of 'the Lord's release,' when no debt might be claimed from an
Israelite (Deut 15:1-6); while a fourth enjoins, that 'in the solemnity of the year of release,
in the Feast of Tabernacles,' the law was to be read 'before all Israel in their hearing'
(Deut 31:10,11). It has been strangely overlooked that these four ordinances, instead of
being separate and distinct, are in reality closely connected. As the assignment of what
grew of itself did not exclude the usufruct by the owners, so it also followed of
necessity that, in a year when all agricultural labour ceased, debts should not be claimed
from an agricultural population. Similarly, it was quite in accordance with the idea of the
Sabbath and the Sabbatical year that the law should be publicly read, to indicate that
'the rest' was not to be one of idleness, but of meditation on the Word of Go d. 109
It will be gathered that in this view the Divine law had not intended the absolute
remission of debts, but only their 'release' during the Sabbatical year. 110
Jewish tradition, indeed, holds the opposite; but, by its ordinances, it rendered the law
itself void. For, as explained by the Rabbis, the release from debt did not include debts
for things purchased in a shop, nor judicial fines, nor yet money lent on a pledge. But,
as the great Rabbi Hillel found that even these exceptions were not sufficie nt to insure
the loan of money in view of the Sabbatical year, he devised a formula called 'Prosbul'
(probably 'addition,' from a Greek word to the same effect), by which the rights of a
creditor were fully secured. The 'Prosbul' ran thus: 'I, A.B., hand to you, the judges of
C.D. (a declaration), to the effect that I may claim any debt due to me at whatever time I
please.'
The Effect Of It
This 'Prosbul,' signed by the judges or by witnesses, enabled a creditor to claim money
lent even in the Sabbatical year; and though professedly applying only to debts on real
property, was so worded as to cover every case (Mish. Shev., sec x). But even this was
not all, and the following legal fiction was suggested as highly meritorious to all
concerned. The debtor was to offer payment, and the creditor to reply, 'I remit'; upon
which the debtor was to insist that 'nevertheless' the creditor was to accept the
repayment. In general, money owing to Jewish proselytes was to be repaid to them, but
not to their heirs, even though they also had turned Jews, as by becoming a proselyte a
man had separated himself from his kin, who therefore were no longer, strictly speaking,
his natural heirs. Still, to make payment in such a case was deemed specially meritorious.
The Rabbinical evasions of the law, which forbade the use of that which had grown
spontaneously on the soil, are not so numerous nor so irrational. It was ruled that part
of such products might be laid by in the house, provided sufficient of the same kind
were left in the field for cattle and beasts to feed upon. Again, as much land might be
tilled as was necessary to make payment of tributes or taxes. The omer (or 'wave-sheaf')
at the Passover, and the two wave-loaves at Pentecost, were also to be made from the