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Abiding by Civilian Law: Difference between revisions
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##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court (as this would abolish Jewish law)</ref> | ##Some say that dina d'malchusa dina applies to government legislation, but not to rulings of the secular court. <ref>Sema 369:21 trying to resolve a contradiction between Rama C.M. 369:8 where he says dina d'malchusa applies across the board and 369:11 where he limits it to things which are beneficial for the king or for the good of the people, but not about going to secular court (as this would abolish Jewish law)</ref> | ||
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court whenever they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws</ref> | ##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court whenever they are for the benefit of society, but personal matters are not under the jurisdiction of dina d'malchusa.<ref>Rav Moshe Feinstein (Igros Moshe C.M. 2:62) quotes the Sema's explanation and disagrees discussing bankruptcy laws</ref> | ||
#Some say that it doesn't apply to Israel.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchuta is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran.</ref> | #Some say that it doesn't apply to Israel.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchuta is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran. The Chasam Sofer C.M. 44 says that according to the Rashbam, dina d'malchusa still applies. The Rambam (Hilchos Gezeilah 5:11), Tur and Shulchan Aruch (Choshen Mishpat 369:6) all rule against the Ran. This is also the opinion of Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina).</ref> | ||
#Dina D' | #Dina D'malchusa is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref> | ||
#Dina | #Dina D'malchusa generally doesn't apply when there is an interaction between two Jews. However, if it is a very reasonable law for the benefit of society it is binding.<ref>Even Shoham 111:5 applies the following sources to explain why copyright laws are halachically binding. Shach 356:10 writes that a local practice is binding for two Jews because it is understood that the contract was made with such assumptions. Kesot 259:3 writes that for a proper practice it is binding upon Jews to go beyond the law. Chatom Sofer CM 44 adds that any law for the benefits of the industry workers is binding. </ref> | ||
#Dina D'malchusa is not limited to financial matters, but applies to any laws that are for the benefit of society.<ref>Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. See also Responsa Minchas Asher vol. II, end of 121 and 124) where he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref> | |||
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit</ref> | |||
==Stealing from the Government== | ==Stealing from the Government== | ||
