[Avodah] redemptive element in Jewish “commercial “ law.

[Joel Rich]

My study of the Aruch Hashulchan choshen mishpat has made me realize more
than ever that while every society needs to have a set of rules to settle
financial disputes and damages, one really sees how there is an overarching
redemptive element to in Jewish “commercial “ law.
Two recent examples I came across are in 163:1 and 157:1

In 157:1 while halacha generally recognizes the concept of communal
practice which can establish a right to a continued use (chazaka), when it
comes to hezek riah, even the existence of such a pre-existing practice is
not enforceable, and in fact, the practice needs to be changed. To me, the
overriding value of tzniut means that halacha presumes that nobody would
(or should) ever waive their right (really obligation) to privacy. In some
ways this mirrors the presumption that “no one” would waive their right not
to have an open cesspool on their property boundary.

163:1 lists the communal requirements that community members can force each
other to contribute towards. In addition to city walls and gates, there is
an extensive list of priorities including a minimum library, synagogues,
mikveh, rabbi, chazen, shvitz and charitable institutions which support
needy citizens, visitors, children and hospitals.

Back when I worked for a living I would tell clients their organization
always has a value proposition – show me your actions and I’ll tell you
what it is. Or as Emerson said, “What you are stands over you the while,
and thunders so that I cannot hear what you say to the contrary”
Comments?


bsorot tovot

Joel Rich
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