This is probably only a theoretical question but at times it comes close to seeming relevant.
I’m curious whether a Beis Din would entertain a claim for payment based on civil law. (I’m asking here to hear what Nesivos Chaim would say)
Specifically: the Israeli anti-spam law essentially makes businesses financially liable to individuals for sending unsolicited commercial messages, even without proof of damage. (https://www.gov.il/en/departments/faq/17052018_7 https://www.mondaq.com/it-and-internet/71932/new-israeli-spam-law-may-have-impact-far-beyond-israels-borders) It was done that way in order to create a deterrent so that businesses do not engage in this annoying behaviour.
Obviously a Beis Din will not always rule according to civil law, particularly where it conflicts with halacha. And I imagine that under halacha alone there is probably not much room for a claim.
But since Batei Din anyway have the right to make takanos and discourage poor behaviour, might it potentially consider a law such as this as binding on a business on the basis that these are the terms under which the business operates, and therefore entertain a claim presented for deterrence purposes as the law intended?
Would a claim have more strength if the individual had already stressed to the business that he did not want to receive such messages (and mentioned the law) and more were sent after that, even if the extent of any damage from the later messages would still only be aggravation from having to read and delete them?
Thank you in advance for any answer, and for this service in general – I read almost all the answers here.
In the time of Chazal the chachomim had the power to make takanos and they made many takanos
More recently in Europe often the govts gave the Jewish community self-governing powers and they could do so. Also in Arab countries they did and perhaps still do. However, here we don’t have the power to make takanos so we don’t have any takano and therefore nothing to enforce.
Be’ezras Hashem we all hope Moshiach will come soon and thinks will return to our former glory