[Avodah] ethics outside of Torah

Eli Turkel eliturkel at gmail.com
Fri Jun 11 10:52:54 PDT 2010


<<So the question becomes how do we define "outside of halakhah". Are we
asking about ethics we would know even before the Torah was given? Do
we mean values relayed in aggadita that we must follow even though they
aren't amenable to codification as halakhah? Both?>>

We all agree that any code of law including SA cannot account for every
conceivable happening. Hence, one has to decide on occasion on things that
are not in SA. I would not use the phrase prohibited but rather
"correct behavior".
As I previously gave the example of RMF insisting on paying for the
transportation
of a talmid. RMF did not say he was required rather he thought that was the
right thing to do.
This has to based on some generally accepted societal attitudes.

I note that some achronim actually use this for psak. Their is
controversy about the
extent of patent/copyright law in halacha. Some achronim state that it
is obvious that an
inventor or writer needs some protection. Since the gentiles have
invented copyright laws
iy is inconceivable that it should not also apply within halacha.
Of course, as usual, other poskim disagree into turning this philosophy into a
halachic psak

-- 
Eli Turkel



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