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Learning from reinforcement

שו”תCategory: Meta HalachaLearning from reinforcement
asked 6 months ago

You have often argued, rightly, that a person does not repay within his time. It depends on the context. In times when it is indeed customary to repay within the time, one does not spend money on this basis. All that is learned from the Gemara is that a zakah spends money.
It is clear that not every claim produces money. What we can learn from this gemara is only a lower limit to the strength of a claim that produces money. But in order to understand what that lower limit is, we need to investigate socially psychologically what was acceptable at the time the gemara was written (if that is even possible).
1. Is there religious/halakhic value in this type of research? If so, why isn’t it being done?
2. To the extent that it is not really possible to obtain an estimate of the strength of the possession at that time, what halakhic value is there in dealing with this issue and similar ones (any other possession)? After all, it is impossible to deduce any realistic halakhic rule other than that there are possessions that require money?


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מיכי Staff answered 6 months ago
I don’t think there is a practical way to research this. If it were clear, it would have great value. But it can be evaluated in one way or another (just as the wise men of that time evaluated, after all, they didn’t really do research either). But beyond all that, the innovation of the Gemara is that there are certain inferences that remove money from a person who has been held. Even without defining the threshold, it is itself an innovation that without two witnesses, money can be removed. Now the sages of each generation can evaluate/determine which inferences they believe are strong enough to remove money like witnesses. In short, the answer to 2 is exactly what you wrote: the innovation is that there are inferences that remove money. You assume that this leaves us without consequences. Not true. What it leaves us with is that the sages of the generation will decide on each inference whether it is sufficient to remove money or not.

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בועז replied 6 months ago

This leaves us with such a trivial conclusion that there are arguments (evidence, the fact that people usually don't break up within the time limit is evidence) strong enough to cost money. Oh well.

מיכי Staff replied 6 months ago

If there is anything really non-trivial about the issue there, it is this innovation. Despite the fact that it is written that a thing is established by two witnesses and despite the advantage of the holder, a possession can also cost money. A very big innovation. The factual innovation that people do not break within the time is the trivial one.

פנחס replied 6 months ago

One of the important principles in the laws of money that needs to be reexamined is the statement, "All the land, not just a single piece of land." It seems to me that in our day, the Sages would not have established this rule.

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