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Abiding by Civilian Law: Difference between revisions
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#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts</ref> | #The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts</ref> | ||
#Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Chatom Sofer 1:44 writes that the Ran is only relevant to taxes that are against the will of the people but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that is for the benefit of the people such as money spent on highways and bridges. | ##Some explain this is a social contract<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Baba Batra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina dmalchuta is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra CM 369:9). </ref> | ||
##Several reasons are suggested for this<ref>#Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Chatom Sofer 1:44 writes that the Ran is only relevant to taxes that are against the will of the people but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that is for the benefit of the people such as money spent on highways and bridges. | |||
#Rabbenu Yona (Aliyot of Rabbenu Yona Baba Batra 54b s.v. "Umi Amar") says this works like hefker beit din hefker, that the king has dominion over all property. | #Rabbenu Yona (Aliyot of Rabbenu Yona Baba Batra 54b s.v. "Umi Amar") says this works like hefker beit din hefker, that the king has dominion over all property. | ||
#Mabit (Kiryat Sefer Gezela 5) says that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref> | #Mabit (Kiryat Sefer Gezela 5) says that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref> | ||
