Related%20passage for Gittin 71:14

דתניא רבי אומר (דברים טו, ב) וזה דבר השמיטה שמוט בשתי שמיטות הכתוב מדבר אחת שמיטת קרקע ואחת שמיטת כספים בזמן שאתה משמט קרקע אתה משמט כספים בזמן שאי אתה משמט קרקע אי אתה משמט כספים

He therefore decided to institute the <i>prosbul</i>. The text of the <i>prosbul</i> is as follows: 'I hand over to you, So-and-so, the judges in such-and-such a place, [my bonds], so that I may be able to recover any money owing to me from So-and-so at any time I shall desire';<span class="x" onmousemove="('comment',' Even after the Sabbatical year. ');">¹³</span> and the <i>prosbul</i> was to be signed by the judges or witnesses.<span class="x" onmousemove="('comment',' Sheb. x, 3. [The principle underlying the prosbul is founded on the passage 'that which is thine with thy brother thine hand shall release' (Deut. XV, 2). From this there had been derived the law that the operation of the year of release did not affect debts of which the bonds had been delivered to the Court before the intervention of the year of release (v. Sifre. a.l. and infra p. 38), such debts being regarded as virtually exacted' and hence not coming under the prohibition 'he shall not exact'. By a slight extension of this precedents the prosbul was instituted, which in effect amounted to entrusting the Court with the collection of the debt. Without actually handing over the bond to the court, as required by the existing law, the creditor could secure his debt against forfeiture by appearing in person before the Beth din and making the prescribed declaration. For a fuller examination of the nature and legal effect of the prosbul as well as a survey of the proposed derivations of the term, v. Blau, L. Prosbul im Lichte der Griechischen Papyri und der Rechtsgeschichte.] ');">¹⁴</span> But is it possible that where according to the Torah the seventh year releases Hillel should ordain that it should not release? — Abaye said: He was dealing with the Sabbatical year in our time,<span class="x" onmousemove="('comment',' After the destruction of the first Temple. ');">¹⁵</span> and he went on the principle laid down by Rabbi, as it has been taught: Rabbi says: [It is written], Now this is the matter of the release; [every creditor] shall release.<span class="x" onmousemove="('comment',' Deut. XV, 2. ');">¹⁶</span> The text indicates here two kinds of release,<span class="x" onmousemove="('comment',' By the juxtaposition of the two words, [H] ('release') and [H] ('shall release'). ');">¹⁷</span> one the release of land<span class="x" onmousemove="('comment',' At the Jubilee. V. Lev. XXV, 13. ');">¹⁸</span> and the other the release of money. When the release of land is in operation the release of money is to be operative, and when the release of land is not operative the release of money is not to be operative.<span class="x" onmousemove="('comment',' The Jubilee was not operative in the time of the Second Temple because the land was not fully occupied by Israel. But v. Tosaf. s.v. [H]. ');">¹⁹</span>

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