Abiding by Civilian Law - Revision history

YitzchakSultan1: /* Sources */

2024-01-05T05:33:28Z

Sources

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	In general, there is a halachic principle called dina d'~~malkuta~~ dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>		In general, there is a halachic principle called dina d'malchuta dina, which means that Halacha demands obedience to the laws made by civil authorities. However, it's important to note that this principle is limited and is discussed at length by the modern day Rabbinic authorities.<ref>[http://www.workplacehalacha.com/wp-content/uploads/2014/12/Chapter-23-Dina-DeMalchusa.pdf See article by Rabbi Ari Wasserman]</ref>
	==Source==		==Source==

YitzchakSultan1: /* Sources */

2024-01-05T05:13:45Z

Sources

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	==Sources==		==Sources==
	<references />		<references />
			{{Business_Table}}

YitzchakSultan1: /* Zoning */

2024-01-04T22:05:06Z

Zoning

← Older revision		Revision as of 22:05, 4 January 2024
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	=== Zoning ===		=== Zoning ===
	# In a shared housing or apartment one neighbor may not build without getting legal permits first. The legal zoning laws in such a case are binding because of dina d'malchuta dina, minhag, and the agreements of the townspeople.<ref>[https://www.psakim.org/Psakim/File/1471#ogen7 Rav Rechnitz Ido]. In his ruling he cites Rav Elyashiv supporting the argument from minhag. </ref>		# In a shared housing or apartment one neighbor may not build without getting legal permits first. The legal zoning laws in such a case are binding because of dina d'malchuta dina, minhag, and the agreements of the townspeople.<ref>[https://www.psakim.org/Psakim/File/1471#ogen7 Rav Rechnitz Ido]. In his ruling he cites Rav Elyashiv supporting the argument from minhag. </ref>

			=== Rent Control ===

			# Many poskim hold that rent control laws of the government are binding upon Jews.<ref>Rav Henkin (Teshuvot Ivra 90), [https://www.yutorah.org/lectures/details?shiurid=886977 Rabbi Hershel Schachter (Dina Dmalchuta Dina)], [https://www.yutorah.org/lectures/details?shiurid=1083898 Rabbi Yona Reiss (Hoarding and Price Gouging)] </ref>

	==Stealing from the Government==		==Stealing from the Government==

YitzchakSultan1: /* Loans and Inflation */

2023-12-31T04:04:49Z

Loans and Inflation

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	===Loans and Inflation===		===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>		# 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>

			=== Zoning ===
			# In a shared housing or apartment one neighbor may not build without getting legal permits first. The legal zoning laws in such a case are binding because of dina d'malchuta dina, minhag, and the agreements of the townspeople.<ref>[https://www.psakim.org/Psakim/File/1471#ogen7 Rav Rechnitz Ido]. In his ruling he cites Rav Elyashiv supporting the argument from minhag. </ref>

	==Stealing from the Government==		==Stealing from the Government==

YitzchakSultan1: /* To Which Laws Does it Apply */

2023-12-20T13:57:20Z

To Which Laws Does it Apply

← Older revision		Revision as of 13:57, 20 December 2023
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	##Some say that dina d'malchusa dina only applies to laws that benefit the king directly.<ref>Shulchan Aruch C.M. 68:1. Yachava Daat 4:65 quotes that the Rif, Rambam, Maggid Mishna, Baal Hatrumot, and Maharik agree with this distinction, while the Ramban, Meiri, and Ran disagree. These opinions depend on the two answers of the gemara in Gittin 10b. Rashba responsa 6:254 agrees with the Rambam, but see Yachava Daat where he quotes 4 other places that the Rashba discusses this topic and in 3 of them agrees with the Ramban.</ref> Others disagree.<ref>Rama C.M. 68:1 cited by Yachava Daat 4:65</ref>		##Some say that dina d'malchusa dina only applies to laws that benefit the king directly.<ref>Shulchan Aruch C.M. 68:1. Yachava Daat 4:65 quotes that the Rif, Rambam, Maggid Mishna, Baal Hatrumot, and Maharik agree with this distinction, while the Ramban, Meiri, and Ran disagree. These opinions depend on the two answers of the gemara in Gittin 10b. Rashba responsa 6:254 agrees with the Rambam, but see Yachava Daat where he quotes 4 other places that the Rashba discusses this topic and in 3 of them agrees with the Ramban.</ref> Others disagree.<ref>Rama C.M. 68:1 cited by Yachava Daat 4:65</ref>
	##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 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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b. Yachava Daat quotes the Chida (Tov Ayin 17:4) who compares this opinion of the Rashba and Meiri to the concept of Rav Yakov Yisrael (cited by Bet Yosef CM 369) that there's no dina d'malchuta on something that the king doesn't care about.</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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b. Yachava Daat quotes the Chida (Tov Ayin 17:4) who compares this opinion of the Rashba and Meiri to the concept of Rav Yakov Yisrael (cited by Bet Yosef CM 369) that there's no dina d'malchuta on something that the king doesn't care about.</ref>
	##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>		##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>

Unknown user: /* Examples */

2022-03-16T15:09:28Z

Examples

← Older revision		Revision as of 15:09, 16 March 2022
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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==

Unknown user: /* To Which Laws Does it Apply */

2022-03-16T15:02:51Z

To Which Laws Does it Apply

← Older revision		Revision as of 15:02, 16 March 2022
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	##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 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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b.</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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b. Yachava Daat quotes the Chida (Tov Ayin 17:4) who compares this opinion of the Rashba and Meiri to the concept of Rav Yakov Yisrael (cited by Bet Yosef CM 369) that there's no dina d'malchuta on something that the king doesn't care about.</ref>
	##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>		##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>		#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. Yachava Daat 4:65 also quotes this from the Meiri b"k 113b, Ramban quoting the Raavad, Levush 369:11, and Maharimat 1:7. 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. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce.</ref>		#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Yachava Daat 4:65 also quotes this from the Meiri b"k 113b, Ramban quoting the Raavad, Levush 369:11, and Maharimat 1:7. 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. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce.</ref>

Unknown user: /* Examples */

2022-03-16T14:54:34Z

Examples

← Older revision		Revision as of 14:54, 16 March 2022
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	#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].
	#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 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>

	==Stealing from the Government==		==Stealing from the Government==

Unknown user: /* To Which Laws Does it Apply */

2022-03-16T14:49:18Z

To Which Laws Does it Apply

← Older revision		Revision as of 14:49, 16 March 2022
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	#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 that benefit the king directly.<ref>Shulchan Aruch C.M. 68:1. Yachava Daat 4:65 quotes that the Rif, Rambam, Maggid Mishna, Baal Hatrumot, and Maharik agree with this distinction, while the Ramban, Meiri, and Ran disagree. These opinions depend on the two answers of the gemara in Gittin 10b. Rashba responsa 6:254 agrees with the Rambam, but see Yachava Daat where he quotes 4 other places that the Rashba discusses this topic and in 3 of them agrees with the Ramban.</ref> Others disagree.<ref>Rama C.M. 68:1 cited by Yachava Daat 4:65</ref>
	##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 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</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. Rashba 6:254 writes that dina d'malchusa only applies to laws that make sense for the entire kingdom and not a new law that the king enacted. Yachava Daat 4:65 quotes this from the Meiri b"k 113b.</ref>
	##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>		##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>		#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. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce</ref>		#We do not say Dina D'Malchusa when it contradicts the laws of the Torah.<ref>Shach C.M. 73:39. Yachava Daat 4:65 also quotes this from the Meiri b"k 113b, Ramban quoting the Raavad, Levush 369:11, and Maharimat 1:7. 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. Similarly, Rav Asher Weiss (Shut Michas Asher 2:123) discusses building a succah on your property when it is against zoning laws. He says although you have fulfilled your mitzvah of succah, you violated dina d'malchusa unless this is something the police know about and don't enforce.</ref>

	==Where Does it Apply==		==Where Does it Apply==

Unknown user: Text replacement - " Biblical" to " biblical"

2020-12-03T23:48:09Z

Text replacement - " Biblical" to " biblical"

← Older revision		Revision as of 23:48, 3 December 2020
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	# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>		# A Jew is permitted to work a tax agency and turn in Jews found guilty.<ref> Shevet Halevi, Chelek 2, Siman 18 </ref>
	# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>		# It is prohibited to avoid paying taxes in a democracy such as the United States.<ref> Shu"t Igrot Moshe CM 2:29, Shu"t Shevet Halevi 2:58, [https://www.torahweb.org/torah/special/2005/rsch_taxes.html Rav Hershel Schachter]. see there where Rav Schachter writes that taxes nowadays would not only be binding because of dina dimalchuta dina. Paying taxes is also your obligation to the partnership because taxes are used to provide services to the citizens (fire, police, military, garbage, mail etc). All the people of the city, state, country have to contribute to provide for that. Thus, one who withholds his taxes is not only taking from the government. He is taking from the other citizens, which inevitably includes other Jews. </ref>
	# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the ~~Biblical~~ prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>		# According to some poskim, patronizing a Jewish merchant who cheats on his taxes violates the biblical prohibition of lifnei iver.<ref> [https://www.jlaw.com/Commentary/payingtaxes.html Eli Clark] quoted from Rav Hershel Schachter </ref>

	==Examples==		==Examples==