May 15, 2024
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Capitalism vs. Anarchy: Bava Metzia Daf 28

There was once a drought in the Land of Israel. The people turned to the saintly Choni Hamagal and asked him to pray for rain. “Go and bring your clay ovens inside, so that they do not dissolve in the rain!” he instructed them. He then prayed, but no rain fell.

What did he do next? He drew a circle on the ground and stood inside it and declared, “Master of the Universe, Your children have turned their faces toward me, for I am like a member of Your household. Therefore, I hereby take an oath by Your great name that I will not move from here until You have mercy upon Your children!” Sure enough, rain began to trickle down.

Once again, Choni turned his eyes heavenward, and said, “I did not ask for this trickle. We need rain to fill the cisterns, ditches, and caves!” Lo and behold, it began to pour torrentially.

Yet again, Choni beseeched Heaven. “I did not ask for this flood,” he declared, “but for rain of benevolence, blessing, and generosity.” With those words, the rain began to descend in the natural manner. However, there seemed to be no end to the downpour. The rain kept falling, until all the residents of Jerusalem were forced from their homes and ascended the Temple Mount to avoid being washed away.

The people came and beseeched Choni, “Just as you prayed for the rain to fall, so too, pray that it should stop.”

He replied, “Go and check whether the Claims Rock is submerged.”

Why did Choni choose the Claims Rock as the determinant of the rain level?

Today’s daf explains the nature of the Claims Rock.

ת”ר אבן טוען היתה בירושלים כל מי שאבדה לו אבידה נפנה לשם וכל מי שמוצא אבידה נפנה לשם זה עומד ומכריז וזה עומד ונותן סימנין ונוטלה וזו היא ששנינו צאו וראו אם נמחת אבן הטוען

There was a Claims Rock in Jerusalem. Anyone who lost an item would be directed there and anyone who found a lost item would be directed there. This one would stand and proclaim his find and that one would stand and provide its distinguishing marks and take the item. And that is the place about which we learned, “Go and check whether the Claims Rock is submerged.”

A drought means there’s no rain for the crops. No crop yield means a food shortage. Does that mean there’s a famine? Not necessarily. Wise farmers and agriculture merchants keep a supply of produce in their granary for a “non-rainy day.” But a drought with no end in sight results in a tightening of the supply chain and limited daily production. Consequently, when the rain begins to fall, wholesale grain producers will once again increase their supply to retail merchants.

If you’ve had the opportunity to walk up the newly excavated street from the Siloam Pool in the City of David, you would have passed the Claims Rock. It’s right there in the middle of the marketplace. Why? Because it’s symbolic. It represents a key prerequisite for a just and efficient market system: property rights. The only way to ensure that merchants feel their commercial ambitions will be protected is when they’re operating in a system that respects property ownership and boundaries. Otherwise, might will make right. The Claims Rock was the symbolic declaration that property belongs to its rightful owner, even if he was negligent in misplacing that property. We have a duty to voluntarily take time to seek out the true owner. That knowledge empowers those in the marketplace to buy and sell with the reassurance that should any transactions be challenged, there will be a just and fair mechanism for dispute resolution.

That’s why Choni asked whether the Claims Rock was submerged. Merchants will set up shop even in the pouring rain. Householders will still head out to the market to purchase groceries to make dinner. When does the market cease to operate? When the symbol of property rights and protection is no longer visible. In other words, the presence or absence of a Claims Rock defines a society’s attitude towards trade and asset ownership. If members of society sufficiently respect one another’s property to voluntarily restore belongings to their rightful owner, then they can rest, assured of a life free of economic anarchy and uncertainty. And we might even suggest that Choni demonstrated this “line in the sand” the moment he stepped into the circle and refused to leave his domain until God took responsibility for His property: “the world and all that is in it.”

Many people mistakenly believe that adherence to a capitalist system implies a completely hands-off approach by the government. That’s anarchy. A solid capitalist framework is designed by authorities who are committed to protecting property rights and upholding the rule of law. The threat of intervention must be present but seldom used. Regulations must be in place that ensure faith in the market and encourage engagement and investment.

Trustworthiness is integral in business, and indeed, across life’s endeavors. How do you earn it? By demonstrating your respect and care for other people’s property. When others in the marketplace see that you have integrity and that you’re willing to go the extra mile to protect the rights of all, they’re more likely to do business with you. Knowing that you are an honest person and willing to invest in others’ financial stability and success leads people to want to invest in your endeavors.

There’s a famous story told of how Warren Buffett came to invest in American Express. A fraudster had utilized American Express’s financial risk assessment tools to leverage significant investment in his company.
When the company collapsed, the investors did not know where to turn. American Express wasn’t responsible—their assessment was expressly non-guaranteed. One still invested at his own risk. Nevertheless, the CEO issued a statement declaring that while the company was not legally liable, they had a moral duty to assist companies that had invested based on their firm’s endorsement. When Warren Buffett heard this decision, he immediately knew that American Express was a corporation he wanted to do business with.

Contemporary standard accounting practices have a line item calculating goodwill. The truth, however, is that you can’t put a price on an individual or company’s trustworthiness and integrity. You need to earn that and truly demonstrate your commitment to the financial health and wellbeing of everyone you interact with. May you merit a reputation that is stellar and beyond reproach leading to unbelievable success and prosperity!


Daniel Friedman is the author of The Transformative Daf book series. He teaches at Touro University’s Lander colleges and his Center for Torah Values combats Christian anti-Zionism.

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