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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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===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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