Messenger to Messenger in Prospekt
Hello Rabbi,
Many poskim wrote that one should not appoint a messenger for a messenger in a prozbul, because the words are not conveyed to the messenger. On the other hand, Tosefta 2 (11:7) “Decrees laws and prozbuls are not written without the knowledge of the two, and Rabbi O’ Um I do not write a prozbul except with the knowledge of the borrower.” And the halachic ruling is based on this, that it is permissible to make a prozbul even without the knowledge of the borrower – according to the Sages, certainly, but also according to Rabbi Yehuda, it is apparently permissible in certain situations.
So, what’s the problem with appointing a messenger to a messenger in Prozbol? Even in the worst case, it doesn’t detract from the fact that Prozbol was made for him without his knowledge, as if he were a person who is not in his presence.
- The poskim disagree on the writing of the Prozbol from Din Zakin. See a review and discussion here (in article 3): https://din.org.il/wp-content/uploads/alon_hamishpat/76.pdf
- The Poskim wrote that if a person sends a messenger, then he reveals in his mind that he does not want a righteous judge, and therefore he is like an ordinary messenger who does not appoint a messenger for his people. See, for example, Shevat HaLevi, 5:11, 12 (cited there).
Leave a Reply
Please login or Register to submit your answer