6. The criteria for a valid court?

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6. The criteria for a valid court?[1]

As explained above, the Peruzbal is only effective if it is performed before a valid court of law. A valid court consists of any three Kosher[2] Jewish men.



May relatives serve in the Beis Din accepting the Peruzbal documents?[3]

Yes. They may be relatives of the lender and of each other. However, some Poskim[4] are stringent in this matter.



[1] Admur 35; Rama 67:18 “One may be lenient in these times”

Other opinions: Many Poskim rule that regarding a Peruzbal the court is only valid if it is a prestige court that consists of three Jews that are expert in the laws of a Peruzbal and Shemita and have been appointed by the townspeople. [Michaber 67:18; Rambam 9:17 based on Gittin 36b “A Peruzbal can only be made by a court of law equivalent to Rav Ami and Rav Assi.”]

[2] Meaning that he has not done a transgression which invalidates him from becoming a judge, as explained in the Choshen Mishpat Chapter 7 regarding judges and Chapters 34 and 45 regarding witnesses and the same applies for judges. [7:9] Practically this includes all standard Orthodox Jews.

[3] Maharikash 67:31; Teshuvah Meahava 1:72; Minchas Yitzchak 10:140; Tzitzis Eliezer 6:39; Nitei Gavriel 29:1 in name of Rav SZ”A and Minchas Yitzchak

[4] Tumim 67:123 leaves this matter in question; Rabbanim brought in Nitei Gavriel ibid foonote 2-3

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