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How does halacha specify that shmitta (without the debtor having made a pruzbul) does not eliminate debt resulting from theft even though it does eliminates debt resulting from a loan?
Debt resulting from a theft is not a debt, it’s repayment of the theft.
Joseph: Being an Eved Ivri may come from theft (sometimes), but it has nothing *directly* to do with the repayment. You still have to repay the debt, even after Shmitah. V’heishiv Es Hagezeilah isn’t a Milveh.
Joseph: I believe so. I’ll have to look it up again to be sure, but being sold is not in lieu of payment, it’s just a way to get the money. So if the money is still not there, he still owes a debt.
Joseph: To answer your question, who says they don’t? If they can’t enforce it, it’s because they turned the Gezeilah into a Milveh.
How many ways is the assumption wrong?
Shmitta deals with chovos. Nothing to do with status of Eved Ivri. He goes free at Yovel, not Shmitta. The only chovos that are eliminated are those with collection pending. An eved who is sold to pay the debt, the debt is settled with the purchase money. There is no further collection. He then has to serve out the term of his avdus, which is 6 years, regardless of when in a shmitta cycle it falls. A loan with mashkon is exempted for this same reason. It is not collection as much as it is trading payment to get your collateral back.
How early can next year’s pruzbul be done – immediately after Rosh Hashana?
You can but there’s no point, it only covers existing debts and previous debts are already covered by this year’s pruzbul (if you made one).
Joseph: These are Mishnayos. You should learn them.
The lender can’t ask for payment. The borrower can try to pay. The lender has to say “Meshamet Ani”. The borrower can then say “Af Al Pi Kein” and it counts as a repayment, not a gift. And the Mishnah says that “Ruach Chachamim Noche” from someone who repays the debt that passed Shmitah.
Money owed through “geneiva” is not a “halv’a”. Pruzbul was created so that people should not hold back from lendiing money before Shemitta. This obviously does not apply to something stolen.
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