Monday, November 16, 2009

Baba Basra 89a - Beis Din Requirement to Oversee Financial Markets

The gemara learns out from a pasuk that Beis Din is obligated to hire people who observe and scrutinize the business practices to ensure that people aren't being cheated. The Shiltei Giborim launches into a whole discussion about the requirement of beis din to make takanos over the tzibur, and all the transactions that will be done will be based on those takanos. Even Gittin and Kiddushin will be based on these takanos. Therefore, in a place where the minhag is to follow a particular posek regarding gittin, one cannot reject that minhag because the entire kiddushin is אדעתא דרבנן מקדש, and the takana of that place is to be mevatel the kiddushin only through a gett that is done in a particular way. He goes so far to say that any deviation in a gett against the minhag ha'makom my invalidate the entire gett since the original kiddushin was meant to only be annulled through the type of gett that is accepted in that place. He goes so far to say that since the entire kiddushin is based on the minhagim of the place where the kiddushin took place, the gett must also be done in accordance with the minhagim of the place of kiddushin. If the gett would be written in accordance with the minhagim of another place, it would not be valid. Furthermore, if there is a takana in a particular location regarding how the kiddushin should be done i.e. to require a minyan, or require the presence of her parents, the language of the takana will determine whether the kiddushin is binding bidi'eved.

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