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How to enforce compliance

שו”תCategory: Talmudic studyHow to enforce compliance
asked 8 years ago

I don’t understand why the assumption that the world is ideal is relevant.

The assumption that the world is ideal is relevant because today the court cannot be given the authority to strike you at its discretion, and the court does not intervene in the areas of civil and criminal law.

I also don’t understand the division between the grounds nor why it is relevant to the question.
It can be believed that only with regard to a universal right (to return the stolen property) will the court need to hear the claim even if the plaintiff does not comply with a legal provision, because it is not the legal provision that granted him the right, but rather he is entitled to it even if the legal provision did not exist.
On the other hand, with regard to a right that the Torah has renewed (maintenance), the court will not need to take a claim if the plaintiff does not comply with a law, because it is precisely the law that granted him the right and he would not be entitled to it if the law did not exist.

In principle, the court should hear every lawsuit regardless of the nature of the plaintiff.
In other words, is it forbidden for the court to use the lack of need for a lawsuit as a sanction to enforce the commandments?


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מיכי Staff answered 8 years ago
The assumption and distinction are irrelevant to the discussion. A rabbi (in the halakhic world) can enforce the mitzvot in any way he sees fit. If they can beat, they may not need to sue. But this is an action that is not lawful. They must resort to the law.

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