Jump to navigation Jump to search
no edit summary
##Others explain that the king has dominion over all property in the country.<ref>Rabbenu Yona (Aliyot of Rabbenu Yona Bava Basra 54b s.v. "Umi Amar") says this works like hefker 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 (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>Rav Asher Weiss (Shut Michas Asher 2:123) with regards to building a succah against the zoning laws that if the police don't enforce them, it is not a violation of dina d'malchusa. [ 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>#Dina D'Malchusa is subject to interpretation based on logic.<ref>Rav Asher Weiss (Shut Michas Asher 2:123) says that late at night one can run a red light when you can clearly see that there is nobody coming and nobody looking who may learn from your behavior as the law didn't intend to prohibit this.</ref>
==To Who Does it Apply==
##Some say that dina d'malchusa dina applies to government legislation and rulings of the secular court as long as 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. See Rav Asher Weiss (Parashas Chukas, B’inyan Dina D’malchusa Dina. Shut Minchas Asher 2:121:4:4) 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>
#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. Teshuva MiAhava 1:117 discusses a case when there is a law that only certain rabbis can officiate at weddings and a different rabbi officiates. He concludes that the marriage is binding, but he did the wrong thing as dina d'malchusa is binding</ref>
==Where Does it Apply==

Navigation menu