Pruzbul - Beis Din (Continued)

Q. Must the lender execute the Pruzbul in the presence of a beis din?

A. This is a matter of dispute. According to the Mordechai, the lender need not appear before the beis din. For example, if the lender is in Rome and the loan contracts are in NY, he may execute a Pruzbul that transfers the loan to a beis din in Jerusalem. The Pruzbul must state the location of the beis din and should be signed by two witnesses. The Ran and Rashba disagree and require that the creditor appear before the beis din. Both the Shulchan Aruch (CM 67:21) and the Rema (ibid. 20) concur with the Mordechai that one need not appear before the beis din, and that is common practice.

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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.