[Avodah] John Locke and Tzedaqa

[Zev Sero]

Mazel tov.  You've just discovered libertarianism.

As for your question: how, if this theory is true, the gemara can say
"me'asin al hatzedakah", that one can be forced to give tzedakah, and
if someone is assessed for tzedakah and doesn't give it his property
can be confiscated and sold at auction to pay it, the answer is simple:
the beis din can make a Jew give tzedakah under exactly the same power
with which it can make him wear tefillin.

Locke's logic makes perfect sense when dealing with obligations bein
adam lachavero.  In a state of nature a person is owed nothing by others
but that they keep their hands off him and his property.  Thus, the only
time he is entitled to use force against them is if they have initiated
force or fraud against him.  If he sees someone initiating force or fraud
against a helpless third person, he may act as the victim's agent and
come to his defense, since it's reasonable to assume the victim would
consent.  But so long as the other person's behaviour does not create a
right of self-defense in any person, there is nobody who has the right
to use force to stop him, and thus nobody who can delegate such a right
to others or to the government.  The person himself has surely not given
anyone such a right!

But our obligations to HKBH aren't like that.  We don't come to Him in
a "state of nature".  He made us, not as parents make their children,
and not even as a silversmith makes a cup, but out of nothing; and He
has the right to give us orders and make us obey them.  And He has made
each of us responsible for our fellow Jews, and authorised us to use
force if necessary to make each other keep halacha.  That authority
rests with the beis din.  When they lawfully order him to give a get,
and he refuses, he is violating "lo tasur", and they may beat him to
make him comply.  Under the exact same power they may also make him do
any other mitzvah, such as wearing tefillin, and even mitzvot derabanan;
hence "makat mardus".  And under the same power they can make him give
the tzedakah that they have estimated a person of his financial standing
ought to give.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher