[Avodah] reasons for torah loopholes in dinei mamonos

[Micha Berger]

On Sun, March 15, 2009 2:39 pm, R M Cohen wrote:
: Does anyone know of possible explanations for these peturim in dinei
: mamonos?

Perhaps it's a raayah to the Ran (Derashos haRan #11) who says that
maintaining society is the job of the melekh. The role of halakhah and
Sanhedrin is entirely that of redemption; it only falls to them to
maintain an orderly society when the melekh isn't around. It changes
the whole concept of Choshein Mishpat, IMHO, to be speaking of how to
become a chaver rather than directly about monetary fairness.
(Although being fair is part of being a chaveir.) Again, *perhaps*.

SheTir'u baTov!
-micha

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