[Avodah] money and halakhah

[Zev Sero]

Eli Turkel wrote:

> 2. For mechirat chametz (and heter mechira) I doubt paper money would
> be valid even though kesef is a kinyan for a goy

The mechirat chametz I observed this year involved two heavy bags of
coins (IIRC $100 deposit for the chametz, and $50 rent for the storage
places), but I don't know on what basis this decision was made, since
our coins are no less fiat than our notes.   In any case, there were
three additional kinyanim -- shtar, sudar, and tekiat kaf -- as well
as a Jewish arev kablan.


> 3. Does paying in paper bills and backing out result in a mi-shepara curse?

Why not?


> As Zev has noted paper money would not be good for kiddushin as
> it is not shavah kesef but is only a shtar chov

On the contrary, I have said many times that paper money is *not* a
shtar chov, and it's entirely possible that it *is* good for kidushin;
it's a shayla to be discussed, whereas shtar chov for kidushin is not
a shayla at all, it's clearly invalid.


> 4. For making a kinyan transferring a shtar chov requires maamad
> shloshtom

Further proof that a paper note is not a shtar chov.  But that brings
up another question: today it is very common to sell debts, without
the debtor's knowledge or consent.  Would a beit din not enforce the
purchaser's right to collect, or would it do so only on the basis of
dina demalchuta/minhag hatagarim?

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                      	                          - Clarence Thomas