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Abiding by Civilian Law: Difference between revisions
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#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 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 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> | #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. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki>https://www.yutorah.org/lectures/lecture.cfm/781443/rabbi-aryeh-lebowitz/ten-minute-halacha-obeying-traffic-laws/</nowiki></ref> | ||
==Stealing from the Government== | ==Stealing from the Government== | ||
