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After further discussion about “taking the law into one’s own hands” in monetary matters, Rabbi Feinstein leans toward the conclusion that since this is a case where the beit din would allow the lender to collect payment, going to the secular courts might not be viewed as improper.
In conjunction with the view that shemittat kesafim is not really observed nowadays, this would seem to allow a person who forgot to execute a prosbul to collect his debt.
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It is of interest to note that Rabbi Feinstein raises many questions along the way in his analysis without issuing a conclusive ruling. Yet, we are meticulous nowadays, as mentioned earlier, to write a prosbul both on the eve of shemittah and on the eve of the eighth year.
(To be continued)
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