For part I click here

Q: I am a woman and am uncomfortable appearing before beis din to make a pruzbul. Is another option available?

A: The halachos related to Shemittah and canceling loans apply to women (Sefer Hachinuch #477). It is not a positive, time-bound mitzvah since it is in force even after Shemittah and, additionally, there is a related prohibition, which also applies to women. Therefore if a woman loaned money and the debt comes due before Rosh Hashanah, she should fill out a pruzbul to prevent it from being canceled.

Poskim discuss whether one can appoint an agent to fill out a pruzbul. Some maintain that lenders must personally appear before beis din since mili lo mimsari l’shaliach — “mere words cannot be transferred to an agent.” Consequently, an agent appointed to write a gift document may not appoint a sub-agent to fulfill that instruction (Erech Lechem 67:19).

Many others disagree and contend that the principle is limited to one agent conveying instructions to another, but when the principal instructs an agent to make a declaration on his behalf, it is considered as though the principal is making that declaration and does not have the limitation of mili lo mimsari l’shaliach (Machaneh Ephraim, Shluchin 7; Noda BiYehudah, Tinyana Y.D. 147; and Birkei Yosef, O.C. 434:5).

The majority of Poskim follow this position, especially since the cancellation of loans during Shemittah is Rabbinic. Accordingly, a woman who is uncomfortable appearing before beis din may appoint an agent to make her pruzbul. When utilizing this option one can rely on the presumption that the agent fulfilled his agency, because the issue is only Rabbinic (Yeshuos Yisrael 67:1). below is wording that may be used for this purpose:

PRUZBUL – AGENT (Ashkenaz)

Mr. _____________ came before us, the undersigned Beis Din, and declared that he is an agent of Mrs.___________, who appointed him to make a pruzbul. Following is what Mr._________ said: “Mrs._________ conveys to you the court all debts owed to her, whether these debts are documented in writing or oral agreement, so that she may collect them at any time she wishes.“

Since the above-mentioned creditor has conveyed to us the pruzbul as enacted by Chazal we have written this pruzbul document in keeping with the custom of Chazal from the time of Hillel the Elder. We have empowered the creditor so that none of the debts owed to her up until this date, written or oral, will be canceled.

As proof we affixed our signatures today, the _____ day of the month of Elul, in the year 5775, here _____________________________.

Rabbi ______________________________  

Rabbi ______________________________

Rabbi ______________________________

Another option  is to submit a request in writing to the beis din to fill out a pruzbul for him/her (see Chasam Sofer, C.M. 113). Wording that may be used for this purpose is:

PRUZBUL [FAX/MAIL] (Ashkenaz)

“I hereby convey to you the court, Rabbi_________, Rabbi___________ and Rabbi___________, all debts owed to me whether these debts are documented in writing or oral agreement, so that I may collect them at any time I wish.”

_________________ (the lender)

We the undersigned Beis Din received the above request from ________________ to make a pruzbul in which she declared: “I hereby turn over to you the court all debts owed to me, whether these debts are documented in writing or oral agreement, so that I may collect them at any time I wish.”

Since the above-mentioned creditor has conveyed to us the pruzbul as enacted by Chazal, we have written this pruzbul document in keeping with the custom of Chazal from the time of Hillel the Elder. We have empowered the creditor so that none of the debts owed to him/her up until this date, written or oral, will be canceled.

As proof we affixed our signatures today, the _____ day of the month of Elul, in the year 5775, here _____________________________.

Rabbi ______________________________  

Rabbi ______________________________

Rabbi ______________________________