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Abiding by Civilian Law: Difference between revisions
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##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatom Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that is for the benefit of the people such as money spent on highways and bridges.</ref> | ##Others explain that the land belongs to the king.<ref>Ran Nedarim 28a s.v. "Bamoches" says because the land belongs to the king, he can make the laws, and if you don't abide he can kick you out of his land. Shitah Mekubetzes Nedarim 28a explains that this is just like all property owners who can insist on standards on their property. Chatom Sofer 1:44 writes that the Ran is only referring to taxes that are against the will of the people, but laws related to custom and manners even the Ran agrees that these are binding because the people agree to the king's dominion. [http://www.daat.ac.il/daat/kitveyet/shana/ariel2-1.htm Rav Yakov Arieli] extends the Chatom Sofer to any taxes that is for the benefit of the people such as money spent on highways and bridges.</ref> | ||
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Baba Batra 54b s.v. "Umi Amar") says this works like hefker beit din hefker, that the king has dominion over all property. Mabit (Kiryat Sefer Gezela 5), Meiri (Nedarim 28a) and the Vilna Gaon (Choshen Mishpat 369, 34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref> | ##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Baba Batra 54b s.v. "Umi Amar") says this works like hefker beit din hefker, that the king has dominion over all property. Mabit (Kiryat Sefer Gezela 5), Meiri (Nedarim 28a) and the Vilna Gaon (Choshen Mishpat 369, 34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref> | ||
#Dina | #Dina d'malchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58 </ref> | ||
#There is a discussion as to which laws one is obligated to follow the dina d'malchusa: | |||
##Some say that dina d'malchusa dina only applies to laws related directly to the land (i.e. real estate).<ref>Re'em 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 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.</ref> | ||
#Dina | #Dina D'malchuta is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref> | ||
==Stealing from the Government== | ==Stealing from the Government== | ||
