Q&A: The law of the land is the law
The law of the land is the law
Question
The Rabbi recently answered someone here that in monetary law as well, even according to Jewish law, what determines the matter is the law of the state.
My question is: what happens when, according to Jewish law, something is not considered acquired by a person, whereas according to the laws of the state it is considered intellectual property?
Answer
The same applies. Forms of acquisition that are accepted in society are effective by virtue of commercial custom, even without relying on the law of the land. And certainly when the law of the land applies. As a side note, I would just add that there is a dispute among the medieval authorities regarding commercial custom in relation to something that has not yet come into existence, because perhaps according to Jewish law it is essentially not acquirable, and not merely because of one mode of acquisition or another, which is just a matter of agreement.
Regarding intellectual property, in my article I showed that Jewish law also recognizes it, even without the law of the land: