From the Rav’s Desk: Q&A relating to Shemita

Q&A relating to Shemita

  1. Question: [Sunday 28th Elul 5781]

Should women perform a Peruzbal, and what is the law of a married woman.

 

Answer:

Yes, women should perform a Peruzbal just like men. This applies even if the woman is married, and certainly if she is single.

Explanation: Women are obligated in the laws of Shemitas Kesafim just like men. Therefore, if a single woman is owed money, or is owed a food item that she lent to her neighbor, then she is to perform a Peruzbal just like is the law by a man. Furthermore, it is proper for even married women should perform a Peruzbal, as they are often owed moneys that the husband has no legal access to, such as a pension fund that is opened on her behalf by her employer, and is considered lent to the various investments, to which the husband has no legal access.

Sources: See Chinuch Mitzvah 448 or 477 [depends on print] “Applicable to male and female”; See also Nitei Gavriel 31 in name of glosses of Mahrikash 17 and Erech Hashulchan; Nitei Gavriel 11:10 in name of Divrei Shalom 5:287

 

2. Question: [Sunday 28th Elul 5781]

Can we do a Peruzbal online?

 

Answer:

Yes. An online Peruzbal is valid even initially, and contains certain advantages when it is done by a Chashuva Beis Din. Use the following link to perform an online Peruzbal: https://www.rchabad.org/pruzbool/

 

Sources: See regarding making a Shliach to perform the Peruzbal on ones behalf: See Rama 67:20; Nitei Gavriel 28:1 and Poskim mentioned in footnote 1; However see there for Poskim that argue; Rav Avraham Chaim Naah [brought in Yagdil Torah 25 p. 78] writes that he initiated in 1924 that the Beis Din of Jerusalem [Rav Yosef Chaim Zonnenfeld] appoint a Shliach to go around and sign people on a document that states that they are appointing him as their Shliach to give the Peruzbal to the court. This person would then read the Nussach of the Peruzbal on their behalf in front of the court.

 

3. Question: [Sunday 28th Elul 5781]

Must I own property in order to be able to make a Peruzbal.

 

Answer:

No, the person who does the Peruzbal, which is the lender, is not required to own property. However, in order for a Peruzbal to be valid on a debt, the borrower must own property. It is considered owned, even if the borrower is a renter, or borrower of property, and hence most people are all considered to own property, as most people are not homeless.

Sources: See Admur Halvah 35; Michaber 67:22-23; See Chasam Sofer Choshen Mishpat 50; Nitei Gavriel 34

 

4. Question: [Sunday 28th Elul 5781]

What are some last-minute things that we should be aware of in Eretz Yisrael before the Shemita year begins?

 

Answer:

  • Cut weeds from your yard before the start of Rosh Hashanah. Removing weeds during the Shemita year is restricted to very specific cases.
  • Set up your sprinkler system for the year.
  • Position your potted plants that are not in your house in the area you desire them to be throughout the year.
  • Trim your trees.
  • Trim your grass.
  • Pick your ripe lemons before RH if you desire to avoid debates of Kedushas Shevi’is and Teruma Umaaser.

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