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July 10, 2012 2:31 am at 2:31 am
#884175
shlishi
Member
It is the case, indeed, that on certain business transactions halacha accepts common local business practices (which may encompass local laws) to govern the transaction, even if it differs from the standard law written in S”A, as it is assumed both parties, in advance, agreed or understood that to govern the transaction. But certainly not dinei momonus between private individuals, that are not a business transaction, but rather standard laws as to whether Reuven owes Shimon compensation for damaging his property, etc. Those, certainly (like yerusha), are governed by Torah Law, even if secular law differs.