[Avodah] The Sacred Shekel
Zev Sero
zev at sero.name
Fri Mar 17 07:58:20 PDT 2023
On 17/3/23 10:11, Prof. L. Levine via Avodah wrote:
> One has to keep in mind that the approach of RSRH and his successors was
> total and complete honesty, even beyond what the halacha require.
Bankruptcy is not dishonest. It is a law that all modern governments
have made, for a very good purpose, ("letakanat hamedina" which is one
of the criteria the poskim use to determine what is a legitimate dina
demalchusa), and effectively abolishing it among Jews would tend to
undermine that purpose, so it's not necessarily a good standard even for
midas chassidus.
The purpose of limited liability, in combination with bankruptcy law, is
to encourage people to take risks in business, by assuring them that
they will not thereby drive themselves into poverty, or at the worst
such poverty will not become permanent. Demanding of Jews that out of
midas chassidus we repay such loans that dina demalchusa has discharged
will tend to discourage us from taking such loans, and thus from
engaging in the economic ventures that the loans would finance, to the
detriment of the country, which is precisely what the various
legislatures wanted to avoid.
--
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.
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