Abiding by Civilian Law: Difference between revisions
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==Examples== | ==Examples== | ||
===Bankrupcy=== | |||
#If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref> | #If a person or company went bankrupt they do not have an enduring obligation to pay off their debt because bankruptcy laws are established and reasonable laws of the government.<ref>Igrot Moshe CM 2:62, Halachos of Other People’s Money p. 34 fnt. 71. Rav Moshe explains that since the bankruptcy laws are for the betterment of society which the Rama 369:8 writes is binding.</ref> | ||
===Lost Objects=== | |||
#If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu]. | #If there’s a civil law to hand in a lost object that is found to a government official one must oblige because of Dina Dmalchuta Dina.<ref>Rama 259:7, Pitchei Choshen Aveidah 2:22</ref> See [https://www.law.cornell.edu/wex/lost_property common law on Cornell.edu]. | ||
===Penalties and Contract Law=== | |||
#Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref> | #Some write that if a person has a contract with a penalty that is an asmachta even though it is binding in a secular court dina dmalchuta doesn’t make it binding between two Jews.<ref>Emek Mishpat v. 1 p. 260 writes that one should not assume that dina dmalchuta obligates a person to pay a contractual penalty. He explains that they are an asmachta and dina dmalchuta doesn't apply in Israel (Ran Nedarim 28a, Darkei Moshe 369:3, Gra 369:35). Also, he adds that Mishpat Shalom 207:15 writes that dina dmaclhuta doesn't make an asmachta binding. Also, Chazon Ish CM likkutim 16:11 writes that dina dmalchuta isn't applicable for a contractual penalty since dina dmalchuta doesn’t apply between two Jews.</ref> | ||
===Inheritance=== | |||
# Inheritance does not follow dina d'malchuta dina and a person must follow Torah law. If the children agree to relinquish their rights to the inheritance they would receive according to the Torah and redistribute the estate as they want they can do so.<ref>Yachava Daat 4:65 quoting Maharashdam EH 131, Chida (Tov Ayin 17:4), and Divrei Rivot 122. The reason that dina d'malchut doesn't apply to inheritance is because (1) it contradicts Torah law, (2) it doesn't impact the king at all, (3) it is a law of the secular courts and forced throughout the kingdom.</ref> | # Inheritance does not follow dina d'malchuta dina and a person must follow Torah law. If the children agree to relinquish their rights to the inheritance they would receive according to the Torah and redistribute the estate as they want they can do so.<ref>Yachava Daat 4:65 quoting Maharashdam EH 131, Chida (Tov Ayin 17:4), and Divrei Rivot 122. The reason that dina d'malchut doesn't apply to inheritance is because (1) it contradicts Torah law, (2) it doesn't impact the king at all, (3) it is a law of the secular courts and forced throughout the kingdom.</ref> | ||
===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> | |||
==Stealing from the Government== | ==Stealing from the Government== | ||
