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Abiding by Civilian Law: Difference between revisions

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##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Rama C.M. 369:8. Rav Asher Weiss (Shut Minchas Asher 2:121:4:3) suggests that this works nicely with the opinion of the Ran quoted above that dina d'malchusa works because the land belongs to the king. However, according to the Rashbam quoted above that dina d'malchusa is a social contract, one could argue that there is no reason to distinguish between laws related to the land and other laws. However, he suggests that even according to the Ran, you don't have to distinguish as since the land belongs to him, he makes the rules</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</ref>
##Some say that dina d'malchusa dina applies to all financial matters<ref>Ra’aviah brought in Beis Yosef C.M. 369</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</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</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as 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. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where  he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as 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. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) where  he applies dina d'malchusa to cases such as traffic laws, sanitation laws, and mandatory inoculation.</ref>
#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 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>
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# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is an obligation to pay a standardized tax.<ref>Mordechai, Gittin, Perek Hameivi Get 325; Rambam Hilchot Gezela 5:12, Shulchan Aruch Choshen Mishpat 369:7. Meiri Baba Kama 113b applies to a progressive tax system, even if that tax is not in keeping with halachic methods. See Mishneh Halachot 12:445 who is of the opinion that avoiding paying taxes is only considered hafkat halvato, not paying up a loan, and not stealing.</ref>
# There is no obligation to pay unfair taxes. An unfair tax is defined as a tax that is inconsistent, as it varied subjectively from person to person.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# There is no obligation to pay unfair taxes. An unfair tax is defined as a tax that is inconsistent, as it varied subjectively from person to person.<ref> Shulchan Aruch C.M. 369:6. Rama adds that a tax that is unique for Jews is considered a legitimate tax. </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6 </ref>
# One who does not pay taxes violates a Torah commandment of “lo tigzol” (Vayikra 19:13), as one is stealing from the government.<ref> Shulchan Aruch C.M. 369:6. Rabbi Menashe Klein writes that tax evasion is equivalent to hafkaat halvaa, withholding payment for debt, which is only prohibited in case of chillul hashem (Mishneh Halachot, Chelek 12, Siman 445). </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines. <ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# One who violates tax laws of a country with a legitimate system of taxes is obligated to pay the resulting fines.<ref> Shulchan Aruch Choshen Mishpat 369:7; Rambam, Hilchos Melachim 4:1, Hilchos Gezeilah 5:12 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the Biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>
# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>


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