Q&A: An Agent Appointing Another Agent for a Prozbul
An Agent Appointing Another Agent for a Prozbul
Question
Hello Rabbi,
Many halakhic decisors wrote that one may not appoint an agent to appoint another agent for a prozbul, משום matters cannot be transferred to an agent. On the other hand, in the Tosefta to Bava Batra (11:7): “Court decrees and prozbuls may be written not with the knowledge of both of them, and Rabbi says: I say that a prozbul is written only with the borrower’s knowledge.” And this was ruled as Jewish law accordingly, that it is permitted to make a prozbul even without the lender’s knowledge—according to the Sages certainly, but apparently even according to Rabbi Yehuda in certain situations.
If so, what is the problem with appointing an agent to appoint another agent for a prozbul? Even in the worst case, that should be no worse than making a prozbul on his behalf without his knowledge, under the rule that one may act to a person’s benefit in his absence.
Answer
- The halakhic decisors are divided regarding writing a prozbul under the rule of acting for a person’s benefit in his absence. See a survey and discussion here (in article 3): https://din.org.il/wp-content/uploads/alon_hamishpat/76.pdf
- The halakhic decisors wrote that if the person sends an agent, he reveals his intention that he does not want it done under the rule of acting for his benefit in his absence, and it therefore has the status of an ordinary agency, where an agent does not appoint another agent for mere matters. See, for example, Shevet HaLevi, vol. 5, no. 212 (as cited there).