[Avodah] Minhag Yisroel

[Rich, Joel]

Is it possible to say that it is based on Vayikra 27:29 (the relevant
pasuk is kol cherem asher yicharam min haadam lo yfadeh mos umas)?

The Ramban there says that we deduce from this pasuk that a king
b'yisroel or sanhedrin gedola in the presence of all Israel who has the
authority to institute judgments, if they declare something cherem, one
who violates this is guilty of death. And, according to the Chatam Sofer
in teshuva 208 of Orech Chaim, this is because the mechanism that gives
this authority, which then operated to give the authority to the later
statement by Yehoshua that anybody who transgresses his command shall be
put to death (which can't be the primary source as it is from Nach) is
found in this pasuk as follows:  All of Yisroel said to Yehoshua that
whoever transgresses your command shall be put to death, thus creating a
cherem from the Torah which, based on this pasuk, makes the transgressor
liable from the Torah to be put to death.


Chana
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Which of course raises the related question is this a "neder" that the
am can be shoel on?  Similarly for non-Jews, for those who say dina
dmalchuta flows from King's ownership of land, does that mean it's not
operative now?  Can the non-Jews revoke divine right of king or withdraw
the consent of the governed?  Perhaps now it's all one big shutfut?

KT
Joel Rich
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