Pruzbul via Technology 

By Rabbi Berach Steinfeld

As we get closer to Rosh Hashana most of us need to write a pruzbul. This is in order that our debts should not be cancelled! According to Shulchan Aruch one must make the pruzbul in Bais Din. The Rema is maikil and says one can write a pruzbul in front of any three people. The question arises if one lives out of town and there are no three Jews there. Can he do the pruzbul via fax or email? Can he verbally do it on the phone?

Rabbi Yaakov Chaim Sofer says that one could do it via fax or phone as it is not any less than using a shaliach. Rabbi Naftoli Nussbaum and Rabbi Shamai Gross agreed with Rabbi Sofer. Rabbi Nussbaum elaborated that since witnesses can verify a signature on a fax therefore it is considered that he gave his debts to Bais Din. It is preferred if he finds two eidim and is makna the pruzbul in front of these witnesses to the Bais Din. Nevertheless, even if he was makna it to Bais Din without eidim it would suffice. As the Halacha is that any person has a neamanus to say I had a pruzbul but lost it.

Rabbi Shammai Gross said that it is preferrable to call on the phone and verbally give over the pruzbul to Bais Din. This is in spite the fact that Bais Din would not write a get based on a person on the phone. He wants to argue and say that since the telephone has gotten so clear that we feel like we are next to the person talking on the phone we would accept a get like that also. It was only in the olden days where the phones were not clear where they would not accept a commend to write a get via telephone.

Rabbi Mordechai Gross agreed with Rabbi Shammai Gross only regarding a pruzbul since it is only MiDeRabbanan Bais Din will accept it over the phone but regarding the writing of a get which is a DeOraysa a phone call would not suffice.

Rabbi Yaakov Meir Stern disagreed and said that in the Chasam Sofer we find that Bais Din must recognize the signature of the person writing the pruzbul therefore a fax would not suffice. What will suffice is appointing a shaliach via telephone to sign a pruzbul in person on behalf of the malva in front of Bais Din.

Rabbi Chaim Kanievski and Rabbi Moshe Shaul Klein held that one can’t do a pruzbul neither via fax nor telephone. As the svara of the malva being neamon that he had a pruzbul but lost it is only if he had a real pruzbul but in our case the pruzbul via fax or phone might be inadequate therefore the malva will not be neamon!

Rabbi Nissim Karelitz was not sure and said tzarich iyun. As a result, it is preferrable to write it yourself in front of three people who see you singing it!

May we have a Ksiva Vachasime Tova!