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Abiding by Civilian Law: Difference between revisions
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# Mabit (Kiryat Sefer Gezela 5) says that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8. </ref> | # Mabit (Kiryat Sefer Gezela 5) says that this is derived from the laws of a king derived from Sefer Shmuel Alef Perek 8. </ref> | ||
# Dina dimalchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58 </ref> | # Dina dimalchuta dina applies to democracies such as the United States.<ref>Halachos of Other People's Money pg. 34. see note 71 where he quotes from Rav Yosef Eliyahu Henkin (Writings of Rav Yosef Eliyahu Henkin 96:8), Rav Shlomo Zalman Auerbach (Maadanei Eretz 20:8), Rav Moshe Feinstein (Igrot Moshe CM 2:62), Shevet Halevi 2:58 </ref> | ||
# Some say that it doesn't apply to Israel.<ref>Ran Nedarim 28a s.v. Bamoches writes that Dina Dmalchuta is based on the fact that the king owns the land and everyone has to abide by his law. However, in Israel where Hashem gave the land to the Jewish people, there is no Dina Dmalchuta. This is quoted in Darkei Moshe CM 369:3 and Gra 369:35. Emek Hamishpat 1:31:18 writes that in his opinion we follow the Ran.</ref> | |||
# Dina Dmalchuta is ineffective in causing an Asmachta to be binding.<ref>Emek Hamishpat 1:31:18 citing Maharsham in Mishpat Shalom 207:15</ref> | |||
==Stealing from the Government== | ==Stealing from the Government== | ||
