[Avodah] Avodah] reasons for torah loopholes in dinei mamonos

David Riceman driceman at att.net
Wed Mar 18 05:54:33 PDT 2009


Chana Luntz wrote:
> Hezek sheano nikar is a really fascinating one - because it generally deals
> with situations where the object has become diminished in value because of
> the Torah value placed on it, rather than its intrinsic value.  It is indeed
> an extraordinary philosophical question as to why.  But it is not without
> its logic - if we place a higher value on something because we are following
> the Torah, it does not automatically mean (although perhaps one might think
> it should mean) that we should compel others to.
Of course generally we use market value to determine value (I don't know 
what "intrinsic value" means).  Does this mean that market value doesn't 
apply when the market is distorted by halacha? What if I physically 
destroy a piece of kosher meat? Why can't I replace it by an equally 
appealing piece of non-kosher meat? I think this needs deeper analysis.  
In particular, I suspect that "value" is a red herring, and you need to 
think harder about what constitutes "damage".

David Riceman



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