There are countless examples throughout the rabbinic texts where religious leaders took bold stances against what they perceived as morally or socially problematic halachic commandments. One of them was Hillel, one of the most prominent figures of the Mishnah and Talmudic era. Hillel demonstrates a sensitive and courageous personality. Following the spiritual heritage of Abraham, Hillel trusts his own moral judgment and acts accordingly.

Deuteronomy 15:1-3 tells us: “Every seventh year you shall practice the cancellation of debts. …Every creditor shall cancel the debt that he claims from his fellow who owes him…” This verse dictated the cancellation of debts in the Sabbatical year within the Jewish community. The law of “shemitat kesafim” sought to reduce economic dependence between different sectors of Jewish society.

However, what was actually happening in Jewish society was not in keeping with the spirit of the commandment. In the year before the Shemitah, lenders refused to lend money to the needy. A law that was intended to help the needy was actually preventing them from receiving the help they needed.

Hillel realized the problem and devised the mechanism of the “Prozbol.” The Prozbol was a document where the creditor transferred to the judges of the rabbinical court the promissory note specifying a certain debt and they undertook to return the money to its rightful owner after collecting it. (BT Gittin 36a).

Hillel acted spontaneously based on what he saw. He did not wait for reality to conform to lofty ideals nor did he wait for divine or sage permission. Hillel’s understanding of the Prozbol was in keeping with the attitude of the Tanaim, the group of rabbis of the Mishnah, to give an answer according to the circumstances. But this attitude changed with the Amoraim, the rabbis of the Gemarah who were stupefied by Hillel’s interpretation. Later generations of sages were incredulous at Hillel’s audacity. How is it possible that if the Torah ordered that debts be cancelled in the seventh year, Hillel ordered the opposite? The sage Abaye, in the same verse of the Talmud, justified this by saying that Hillel «acted according to the sabbatical year of his time.»

There are still many problematic commandments to be resolved. One is that of the Agunot, those women who for different circumstances cannot remarry. Another is the definition of who is a Jew, which has many variants, depending on the type of Judaism that each one practices. This requires a rabbinic authority with boldness and sensitivity to the circumstances of these times. Another Hillel is needed.

By Marcos Gojman

Bibliography: “From Defender to Critic” by Rabbi David Hartman.