Pruzbul - Differences in Tradition

Q. As previously noted, Sefardim require a beis din choshuv for Pruzbul, while the Ashkenazim do not. What would happen if an Ashkenazic Jew lent money to a Sefardic Jew. Following Ashkenazic tradition, the Pruzbul was signed by three neighbors (not a prominent beis din). The Sefardic Jew claims that he is not bound by this Pruzbul? Does the Sefardic Jew have a valid claim?

A. This question is discussed in Beis Aharon V’Yisreol (vol. 55 pg. 93) who rules that the Sefardi is required to repay the loan. Since it was known that Ashkenazim rely on this type of Pruzbul, it is as though the loan was made on condition that the Pruzbul would be accepted. If the Sefardi will not accept the Pruzbul, the loan will be invalid, and the money would have to be returned in any event. Furthermore, the creditor may make a “tenai” (stipulation) at the time of the loan,” I am lending the money on condition that shemita will not cancel the loan”. Though not explicitly stated, it can be assumed that the Ashkenazi lent the money with the understanding that shemita would not annul the loan, either because of the Pruzbul, or because of a tenai.

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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.