Talmud su Deuteronomio 15:9

It was stated: “For thirty days he will not come.” What means “for thirty days he will not come”? Samuel said, if somebody gives a loan to a person without specifying details, he has no right to ask for payment until after 30 days⁶⁶This is a statement of Tosephta Baba Meẓi‘a 10:1, where however the rule is qualified so that it is superseded by local usage if such usage is determined. This means that for the Tosephta, the 30 day rule is rabbinic in character. In the Babli (Makkot 3b), the rule is quoted by Samuel as a Tannaitic statement and the biblical proof given here by R. Jehudah is attributed there to Rav Mattanah.. Rav Jehudah came and explained (Deut. 15:9): “The Sabbatical year, the remitting year, is close.” Is not the Sabbatical year the remitting year? Why does the verse say: “The Sabbatical year, the remitting year, is close”? That you should not say, I am not permitted to ask for payment until after 30 days; after 30 days the debt will be remitted and I will not collect; therefore, it must say that “the Sabbatical year, the remitting year, is close.”⁶⁷The entire verse reads: “Guard yourself, lest there be in your heart an unworthy thought saying, behold, the Sabbatical year, the remitting year, is close, and you will be badly disposed towards your needy brother and not give him; when he would appeal against you to the Eternal then sin will be in you.” The verse is taken to deal with a case where the Sabbatical will remit without any possibility for the lender to recoup his loan. The only case found is that of an unsecured loan given less than 30 days before the date of remission when repayment cannot be claimed but the debt will be remitted. Did not Rebbi Abba bar Mamal, Rav Amram, Rav Mattanah say in the name of Rav: If somebody makes a loan to another person stipulating that he will not press for repayment, the Sabbatical will remit it? It was found stated in the name of Rebbi Ismael (Deut. 15:9): “The Sabbatical year, the remitting year, is close.” Is not the Sabbatical year the remitting year? Why does it have to say, “the Sabbatical year, the remitting year, is close”? That you should not say, all six years long his field is before me, his vineyard is before me, but after six years the debt is remitted and I cannot collect; therefore, it has to say “the Sabbatical year, the remitting year, is close.⁶⁸The statement of R. Ismael gives a different explanation of the verse; therefore, the biblical character of the 30 day rule is not established and the Yerushalmi is in accordance with the Tosephta, against the Babli.
The argument in the baraita goes as follows: If one gives a loan during a regular year, even if it is not a mortgage the lender might recover his loan from the crop of the borrower. But in the Sabbatical, there is no commercial crop, and when the next crop grows, the debt already is remitted. Hence, the verse speaks of any loan given in the sixth year, and nothing can be implied about the 30 day rule. {In Sifry Deut. #117, R. Yose the Galilean points out that the expression “the Seventh year, the remitting year” is needed to show that the Seventh year is not the seventh year after a loan has been granted but the seventh calendar year.}”

MISHNAH: A prozbol⁸⁰A Greek legal term, προσβολή, “document recording the knocking down of a lot to a purchaser”, cf. Peah Chapter 3, Note 120. By Mishnah 2, instruments of indebtedness delivered to the court for collection are not subject to remission. Hillel substituted for actual delivery a document declaring the intent of the creditor to transfer his documents to the authority of the court without actually delivering them. does not remit. This is one of the ordinances of Hillel the elder. When he saw that the people refrained from giving loans to one another and transgressed what is written in the Torah, as it is said (Deut. 15:9): “Guard yourself, lest there be in your heart an unworthy thought saying,⁶⁷The entire verse reads: “Guard yourself, lest there be in your heart an unworthy thought saying, behold, the Sabbatical year, the remitting year, is close, and you will be badly disposed towards your needy brother and not give him; when he would appeal against you to the Eternal then sin will be in you.” The verse is taken to deal with a case where the Sabbatical will remit without any possibility for the lender to recoup his loan. The only case found is that of an unsecured loan given less than 30 days before the date of remission when repayment cannot be claimed but the debt will be remitted. etc.”, he instituted the prozbol.
This is the essence⁸⁹In addition, all legal formalism that makes a document valid must be incorporated into the prozbol. of prozbol: I declare before you, judges X and Y at place Z, that I shall collect any debt due me any time I wish. The judges sign at the bottom or the witnesses.