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Abiding by Civilian Law: Difference between revisions
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#Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref> | #Dina d'malchusa dina applies to all appointed officials who are keeping to the local laws, not just the king.<ref>Shut Rashba 1:637</ref> | ||
#Dina D'malchusa | #Some say Dina D'malchusa doesn't apply when there is an interaction between two Jews.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quotes the Chazon Ish who holds like Rabbenu Yonah Bava Batra 54 that dina d'malchusa is only between a Jew and a non-Jew</ref> Others argue that it applies between all people.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121:4:9) quoting Rama C.M. 369 </ref> | ||
==To Which Laws Does it Apply== | ==To Which Laws Does it Apply== | ||
#There is a discussion as to which laws one is obligated to follow the dina d'malchusa: | #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). | ##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 | ##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 whenever 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</ref> | ##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court whenever 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</ref> | ||
##Some say that dina d'malchusa 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> | ##Some say that dina d'malchusa 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 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> | ||
#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values</ref> | #We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Rav Asher Weiss Minchas Asher 2:122 explains that this means we don't follow the dina d'malchusa when it contradicts with Torah values. Chazon Ish C.M. Likutim 16:1 questions this as all cases are against Torah Law</ref> | ||
==Where Does it Apply== | ==Where Does it Apply== | ||
