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#Many assume that dina d'malchusa is binding from the Torah.<ref>Rashi Gittin 9b s.v. “chutz,” Meiri Nedarim 28a. Vilna Gaon C.M. 369:34</ref> Some say dina d'malchusa is Rabbinic in nature<ref>Beis Shmuel C.M. 28:3</ref>
#The Gemara says Dina D'Malchusa Dina ("the law of the land is the law").<ref>Baba Kama 113a, Nedarim 28a, Gittin 10b, Bava Basra 54b. The principle of dina di'alchusa dina is accepted as the halacha (Ritva Nedarim 28a says that there's no opinion in the Gemara that argues with it). Rambam Hilchot Gezelot 5:11 and Shulchan Aruch Choshen Mishpat 369:6 codify this principle as halacha regarding the taxes of the government. Shulchan Aruch C.M. 104:2 quotes this with regards to paying debts. </ref>
##Some explain this is a social contract.<ref>Rambam Hilchot Gezelah Vaveidah 5:18 and Rashbam Baba Batra Bava Basra 54b s.v. "Viahamar Shmuel" writes that the taxes and laws of the king are binding because the people accept it upon themselves. The Terumas HaDeshen 341 notes that this is true even if you voted against this government. Legislation is part of the way government runs and by living in the country, you establish that you accept its laws. Avnei Nezer YD 312:12 elaborates on this idea and explains that it is based on the phrase על ממלכתו הוא ובניו בקרב ישראל (Devarim 17:20) that the authority of a king derives from the consent of his people. An expression of how dina dmalchuta d'malchusa is based on the people is that the people of that country accept to use the coins of that king, and the Rambam says this shows their acceptance of the king. (Gra CM C.M. 369:9). </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 Chatam 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. [ Rav Yakov Arieli] extends the Chatom Sofer to any taxes that is are 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 Bava Basra 54b s.v. "Umi Amar") says this works like hefker beit beis din hefker, that the king has dominion over all property. </ref>##Others explain that the Torah has a concept of a king, and that only makes sense if we must follow his laws.<ref>Rav Asher Weiss (Shut Minchas Asher 2:121). Mabit (Kiryat Sefer Gezela 5:14), . Meiri (Nedarim 28a) and the Vilna Gaon (Choshen Mishpat C.M. 369, :34) say that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8.</ref>
#Dina D'Malchusa is determined based on how a law is enforced, not how it is written on the books<ref>[ Article by Rabbi Ari Wasserman] quoting from Rav Pinchas Scheinberg with regards to speeding. Speeding is forbidden under dina d'malchusa, but the definition of speeding is dependent on how it is enforced, not the posted speed limit. Rabbi Aryeh Lebowitz quotes both sides of this discussion at 8:30 in this shiur <nowiki></nowiki></ref>

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