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This has been litigated well over a thousand years ago. To put it in modern legal terms, the legitimacy of an Eruv is a super precedent. It is discussed in depth in the Talmud, which is the clearest source of Jewish law.

Even in modern law, courts can and do come up with some fairly peculiar readings at times. Particularly with old laws or the constitution itself which can, at times, be vague at best when applied in a modern context.

The rules that the Eruv is a loophole for do not even come from God. They come from the specific interpretation that has developed about those relatively vague laws.

There is an old "joke" in Judaism that God has no place in interpreting Jewish law. I put joke in quotes because the Oven of Akhnai is itself part of the Talmud and is generally read as establishing that exact principle.

This type of "trick" is foundational to both Judaism and every common law system.




> This type of "trick" is foundational to... every common law system.

Disagree. Courts bend and stretch the law but only up to a point, and the more twisted interpretations tend to get overruled. Precedent is respected but only up to a point. And when people do apply a trick, everyone acknowledges that it's a trick, that they're subverting the will of the original drafters of the law because they think they know better than them.




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