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Abiding by Civilian Law: Difference between revisions
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In general, there is a halachic principle called dina d' | In general, there is a halachic principle called dina d'malchuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref> | ||
==Source== | ==Source== | ||
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##Some say that dina d'malchusa dina only applies to laws that benefit the king directly.<ref>Shulchan Aruch C.M. 68:1. Yachava Daat 4:65 quotes that the Rif, Rambam, Maggid Mishna, Baal Hatrumot, and Maharik agree with this distinction, while the Ramban, Meiri, and Ran disagree. These opinions depend on the two answers of the gemara in Gittin 10b. Rashba responsa 6:254 agrees with the Rambam, but see Yachava Daat where he quotes 4 other places that the Rashba discusses this topic and in 3 of them agrees with the Ramban.</ref> Others disagree.<ref>Rama C.M. 68:1 cited by Yachava Daat 4:65</ref> | ##Some say that dina d'malchusa dina only applies to laws that benefit the king directly.<ref>Shulchan Aruch C.M. 68:1. Yachava Daat 4:65 quotes that the Rif, Rambam, Maggid Mishna, Baal Hatrumot, and Maharik agree with this distinction, while the Ramban, Meiri, and Ran disagree. These opinions depend on the two answers of the gemara in Gittin 10b. Rashba responsa 6:254 agrees with the Rambam, but see Yachava Daat where he quotes 4 other places that the Rashba discusses this topic and in 3 of them agrees with the Ramban.</ref> Others disagree.<ref>Rama C.M. 68:1 cited by Yachava Daat 4:65</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 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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b. Yachava Daat quotes the Chida (Tov Ayin 17:4) who compares this opinion of the Rashba and Meiri to the concept of Rav Yakov Yisrael (cited by Bet Yosef CM 369) that there's no dina d'malchuta on something that the king doesn't care about.</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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b. Yachava Daat quotes the Chida (Tov Ayin 17:4) who compares this opinion of the Rashba and Meiri to the concept of Rav Yakov Yisrael (cited by Bet Yosef CM 369) that there's no dina d'malchuta on something that the king doesn't care about.</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> | ||
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===Loans and Inflation=== | ===Loans and Inflation=== | ||
# If the government has a law that loans are repaid with the same currency in a one to one ratio even if there is inflation the halacha follows the civil law for this.<ref>Rama C.M. 74:7, Shach CM 74:28 holds that the main opinion is that the loans are repaid according to the government laws. He quotes this from Maharam Alshich 79 and Shiltei Giborim.</ref> For example, if someone borrowed $1000 and there was major inflation and that money is now worth $500 in terms of purchasing power, the loan is nonetheless repaid with $1000 and not $2000. It would be forbidden to charge more to repay for the inflation because that would be considered interest.<ref>Igrot Moshe YD 2:114</ref> | # If the government has a law that loans are repaid with the same currency in a one to one ratio even if there is inflation the halacha follows the civil law for this.<ref>Rama C.M. 74:7, Shach CM 74:28 holds that the main opinion is that the loans are repaid according to the government laws. He quotes this from Maharam Alshich 79 and Shiltei Giborim.</ref> For example, if someone borrowed $1000 and there was major inflation and that money is now worth $500 in terms of purchasing power, the loan is nonetheless repaid with $1000 and not $2000. It would be forbidden to charge more to repay for the inflation because that would be considered interest.<ref>Igrot Moshe YD 2:114</ref> | ||
=== Zoning === | |||
# In a shared housing or apartment one neighbor may not build without getting legal permits first. The legal zoning laws in such a case are binding because of dina d'malchuta dina, minhag, and the agreements of the townspeople.<ref>[https://www.psakim.org/Psakim/File/1471#ogen7 Rav Rechnitz Ido]. In his ruling he cites Rav Elyashiv supporting the argument from minhag. </ref> | |||
=== Rent Control === | |||
# Many poskim hold that rent control laws of the government are binding upon Jews.<ref>Rav Henkin (Teshuvot Ivra 90), [https://www.yutorah.org/lectures/details?shiurid=886977 Rabbi Hershel Schachter (Dina Dmalchuta Dina)], [https://www.yutorah.org/lectures/details?shiurid=1083898 Rabbi Yona Reiss (Hoarding and Price Gouging)] </ref> | |||
==Stealing from the Government== | ==Stealing from the Government== | ||
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==Sources== | ==Sources== | ||
<references /> | <references /> | ||
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