Contemporary Halakhic Decisors, Commercial Practices, and Civil Law
This article explores the question of the familiarity of Jewish religious legal decisors with the commercial practices they are asked to address as well as the extent to which they base their rulings with regard to commercial practices on the relevant civil laws. These issues are discussed with resp...
| Published in: | The review of rabbinic Judaism |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2016
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| In: |
The review of rabbinic Judaism
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| Further subjects: | B
Mazel and Broche
Kinyan Situmta
Obligation and Acquisition in Jewish Law
Merchant Customs in Modes of Acquisition
Rabbi Moshe Sternbuch
Rabbi Asher Weiss
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| Online Access: |
Volltext (Verlag) |
| Summary: | This article explores the question of the familiarity of Jewish religious legal decisors with the commercial practices they are asked to address as well as the extent to which they base their rulings with regard to commercial practices on the relevant civil laws. These issues are discussed with respect to diamond merchants’ practice of consummating a diamond transaction with the words “mazel and broche.” Our analysis finds that decisors did not always differentiate between an obligation and an acquisition in general, and in a sales transaction in particular. It finds also that the decisors who addressed the issue of “mazel and broche” did not base their rulings on civil law, neither by virtue of “custom” and the law of situmta nor by virtue of the doctrine of dina de-malkhuta dina (“the law of the State is law”). We do find, by contrast, that some decisors validate payment by credit card and e-commerce based on civil law. This article offers several possible explanations for all these phenomena. |
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| ISSN: | 1570-0704 |
| Contains: | In: The review of rabbinic Judaism
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| Persistent identifiers: | DOI: 10.1163/15700704-12341294 |