Talmud Bavli
Talmud Bavli

Halakhah for Gittin 71:13

ומי איכא מידי דמדאורייתא משמטא שביעית והתקין הלל דלא משמטא אמר אביי בשביעית בזמן הזה ורבי היא

HILLEL INSTITUTED THE <i>PROSBUL</i>. We have learnt elsewhere: A <i>prosbul</i> prevents the remission of debts [in the Sabbatical year]. This is one of the regulations made by Hillel the Elder. For he saw that people were unwilling to lend money to one another and disregarded the precept laid down in the Torah, Beware that there he not a base thought in thine heart saying, etc.<span class="x" onmousemove="('comment',' Deut. XV, 9. The verse proceeds, The seventh year is at hand, and thine eye be evil against thy poor brother and give him nought. ');"><sup>12</sup></span>

Sefer HaChinukh

And from this foundation - also when he makes his oath depend on the mind of others, it is difficult to annul it. As since he has removed his [own] mind from the thing and made it depend on the mind of others, afterwards the claim of duress or inadvertence is not found with him. And this is what they said (Gittin 36a) that one who swears upon the mind of others does not have annulment. And nonetheless for a matter of a commandment, the Sages agreed to annul [it. This is] because [regarding] everything that a man does, which is something that causes the negation of a commandment or that a commandment is performed by not doing that thing, the heart of any Jew would [want] to negate the private action and do the commandment. And [so] we see [it] as if all of the [others] upon whose minds he swore were with him in front of him [now] and say that if they knew [about] the negation of the commandment [coming from] his oath, their minds would not have agreed with him. And behold, we have a claim of duress and inadvertence. And therefore they, may their memory be blessed, said (Nedarim 16b), "But there is annulment for the matter of a commandment."
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Sefer HaChinukh

That he release all of his loans in the seventh [year]: To abandon all of his debts on the sabbatical year. And about this is it stated (Deuteronomy 15:3), "and that which you have with your brother, release your hand." And the warning is repeated about this commandment, as it is stated (Deuteronomy 15:2), "And this is the matter of the sabbatical year, every owner of a debt shall release his hand." And they said in the Tosefta (brought in Gittin 36a), "The verse is speaking about two releases: one is the release of land and [the other] is release of monies."
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