[Avodah] What would a Torah government look like

Moshe Y. Gluck mgluck at gmail.com
Fri Jan 25 09:41:17 PST 2008


R' Eli Turkel:
> To my mind one of the greatest challenges to a Torah government would
> be modern day commerce
> 
> A simple example  one makes an electronic reservation by computer for
> a hotel room or
> plane flight and holds it with a credit card. When one arrives they
> refuse to honor their commitment.
> Upon screaming they answer that according to halacha a promise to do
> some action is not
> enforcable and no kinyan was done. Even if one paid in advance money
> is not a kinyan.
> 7 tovei hair doesnt help since one cannot declare a sale without a
> kinyan or with a money
> kinyan. At best chazal declared some actions like a handshake a kinyan
> in some circumstances
> but a computer transaction has none of that. With the increased use of
> computers and faxes
> very little commerce is done in the presence of the two parties. Banks
> transfer money between
> themselves on an automatic basis without any human intervention. How
> can there be
> gemirat daat when no human even knows it is happening.

For arguments sake, let's say you are correct - is that any different than
if you go to a hotel in a secular state? That fine print says that they are
not responsible if the room is not available (although they can charge you
if you do not show) and they will still, in all likelihood, do their best to
accommodate you so as not to lose a customer. I see no reason why this would
not apply in a Halachicly based society.

KT,
MYG




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