Pruzbul - Land Ownership (Cont'd)

Q. In a previous halacha it was noted that a Pruzbul is only effective if the borrower owns land. What types of ownership of land qualify?

A. Shulchan Aruch (CM 67:22-23) writes that if the borrower owns any amount of a property, is sufficient to write a Pruzbul. Even owning a potted plant with a hole on the bottom, which halachically is considered attached to the ground, is adequate. Rental of property (e.g., apartment) or borrowing any amount of land is also sufficient. Shulchan Aruch writes that even if one lends the debtor a place in a house to store utensils, that too is satisfactory. Furthermore, even if the borrower does not own land, but others who own property borrowed money from the debtor, a Pruzbul may be written. If one suspects that none of the above applies to the borrower, the lender may lend the borrower a tiny corner of his yard for the day in order to write the Pruzbul.

In some Pruzbul contracts, a clause is added to the effect that the creditor lends the debtor a small parcel of land. In practice, it is very rare that a borrower does not own, lease, or have permission to use land (CF. Pischai Teshuva, Choshen Mishpat 67:4). Perhaps for that reason, the issue of land ownership is generally not addressed in a Pruzbul contract.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.