[Avodah] The Sacred Shekel

[Zev Sero]

On 13/3/23 20:40, Cantor Wolberg via Avodah wrote:
>> Money that is to be given to tzedakah must be earned
>> in a kosher manner. Bankruptcy is not kosher.”

> It is perfectly legal.
> *דִּינָא דְּמַלְכוּתָא דִּינָא*

I agree. This is precisely the sort of thing that Dina Demalchusa Dina 
*does* apply to; anyone who lends money does so in the knowledge and on 
the assumption that there is always the risk that the borrower will go 
bankrupt.

This is especially so when the loan is made to a limited liability 
corporation, with no personal guarantee by the proprietor; every lender 
knows, or ought to know, that the entire purpose of a corporation is to 
limit the proprietor's liability in case things go wrong ch"v.

The only exception would be if the lender and borrower are both frum 
Jews and they were both operating under the assumption that the loan 
would be subject only to Torah law and not to Dina Demalchusa.  I think 
a beis din would rule that without an explicit agreement otherwise DDM 
still applies, but if the borrower knows in his heart that this was the 
assumption then midinei shomayim he would be required to repay it when 
he can.

-- 
Zev Sero            “Were we directed from Washington when to sow
zev at sero.name       and when to reap, we should soon want bread.”
		    –Thomas Jefferson: Autobiography, 1821.