[Avodah] Torah government - kim li

[Micha Berger]

On Sat, January 26, 2008 5:23 pm, Eli Turkel wrote:
: another major impediment to implementing halacha in commerce is the
: concept of "kim li"
...
: Hence, if all poskim of our generation agree to some principal it
: cannot be enforced since (lets say) 2 poskim from the previous
: generation disagreed.

Actually, qim li only works if you can bring a shitah that was not yet
retired through halachic process. Someone need not give up property by
being forced to pasqen one way over the other; but both ways have to
be valid pesaq!

So, if "all" posqim of our generation agree, the opinions of earlier
acharonim would not come into play.

In terms of a Torah gov't... I would think that the governmental pesaq
would be forced to be accepted. Qim li also doesn't overrule hefqeir
beis din hefqeir, which our 7 tuvei ha'ir based gov't could invoke.

SheTir'u baTov!
-micha

-- 
Micha Berger             One who kills his inclination is as though he
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