Thus, if one would agree that "shmita" does not apply when Israelites are dispersed, Hillel, great as he was, would not have changed a law of the Torah in order to fit the needs of his time. He and his "beth din" would have enacted a rabbinic exception to a rabbinic law. As the Rambam notes in "Shmita V'Yovel" chapter 9, when most Jews again live in the Land of Israel and the observance of the Sabbatical and Jubilee years are Toraitic commandments, the "prozbul" will no longer be able to be used. According to this theory, "Prozbul", like "`eruv", is a rabbinic exception to a rabbinic enactment. "Prozbul" cannot be used to get around the Torah commanded "shmita" and "yovel", just as "`eruv" cannot be used to get around the fact that Torah prohibited carrying in the public domain.