Q&A: Equal Distribution of a Public Resource
Equal Distribution of a Public Resource
Question
Suppose there is some parking space behind an office building that, for some reason, nobody knows about except two people. One of them almost always gets there before the other, and so an arms race develops between them over who arrives first. The other suggests dividing the days between them so that each one can arrive at whatever time is convenient for him. The first thinks it is better for him to come earlier instead (either because it is easier for him than for the other person, or because he is more stubborn) than to lose out on half the days.
Is it the case that in a free public space, since things operate on a first-come, first-served basis, there is no limit to what the first one to arrive may claim? Or, in a place where it is easy and convenient to arrange an equal division, is there an obligation to arrange one? Legally, presumably, whoever is quicker prevails. But in Jewish law is there anything different?
Answer
I don’t think so. Certainly not in Jewish law. There is room to discuss morality, the trait of Sodom, and the like. But simply speaking, this is not the trait of Sodom, because when a person incurs a loss he is allowed to stand on his rights. The trait of Sodom is when you lose nothing and the other person benefits.
It is true that morally, the lack of an agreement forces both of them to compete and arrive earlier, and both lose out (the categorical imperative). But I do not see any way to compel them to reach an agreement.