[Avodah] Two idle questions

[Micha Berger]

On Wed, Jan 06, 2010 at 04:28:04PM -0500, David Riceman wrote:
:>2.  What happens when "hefker beis din hefker" contradicts "dina 
:>d'malchusa dina" (see the comments about property in the Fifth amendment 
:>to the constitution)?

: RJR:
: >Depends on how you understand the power of hefker beit din hefker. 
: >According to some it flows from the melech in the same way dina dmalchuta 
: >does

: Does that imply that those halachos which depend on HBDH don't apply in 
: the US?

I think your question would only apply to people who don't voluntarily
accept the authority of BD. As noted in the court decision I just wrote
about in the previous post, the US recognizes the decisions of batei din
as arbitration.

So, perhaps if an American non-O Jew was married to an O woman, and she
needed hafka'as qiddushin, your question would be whether BD can really
redefine the giving of the kesef as non-qiddushin.

I didn't listen to him yet, but R' Yonasan Sacks (YU and Agudah of
Passaic, not to be confused with R' Sir Jonathan Sachs) has a recorded
shiur titled: Gittin 46-Dina D'malchusa Dina and Hefker Beis Din Hefker
http://www.yutorah.org/lectures/lecture.cfm/731464/Rabbi_Yonason_Sacks/Gittin_46-Dina_D%27malchusa_Dina_and_Hefker_Beis_Din_Hefker
or http://bit.ly/8Vc1TP

Tir'u baTov!
-Micha

-- 
Micha Berger             It is our choices...that show what we truly are,
micha at aishdas.org        far more than our abilities.
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