Article

Transfer of Ownership In E-Commerce Transactions from the Perspective of Jewish Law: In Light of Israeli and American Law

Ron S. Kleinman and Amal Jabareen

in The Oxford Handbook of Judaism and Economics

Published in print December 2010 | ISBN: 9780195398625
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780195398625.013.0026

Series: Oxford Handbooks

 Transfer of Ownership In E-Commerce Transactions from the Perspective of Jewish Law: In Light of Israeli and American Law

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Do the practices of electronic commerce in general and online sales transactions, in particular, have halakhic validity, and, if so, how exactly do they derive their legal halakhic validity? This article attempts to answer the above questions based on critical scrutiny of the writings of contemporary halakhic scholars who have addressed this issue. These questions are examined in view of the principles pertaining to modes of acquisition in Jewish law and in light of two other legal regimes—Israeli law and American law. The validity of online sales transactions according to Jewish law depends largely on local custom and civil law, are explained in details as this article proceeds. This article presents a comparative study of the similarities and differences between Jewish law and other legal systems, as they relate to e-commerce. This article very carefully demonstrates various transactions and components related to Jewish law which winds up this article.

Keywords: electronic commerce; halkhaic; Jewish law; Israeli law; American law

Article.  11928 words. 

Subjects: Economics ; Financial Institutions and Services ; Industry Studies

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