Take the 2-minute tour ×
Mi Yodeya is a question and answer site for those who base their lives on Jewish law and tradition and anyone interested in learning more. It's 100% free, no registration required.

What are the limits of Dina Dmalchusa (specifically financial Dina Dmalchusa, unlike this question which deals with non-financial dina dmalchusa)?

In general, dina dmalchusa means one must pay taxes and obey financial laws. Does that apply to any unreasonable tax that a tyrant wishes to impose on his country?

If a dictator ordered all countrymen to give all his money to the government, is someone who keeps some money hidden under the mattress pasul for eidus?

share|improve this question
    
After reading your question I posted an answer on the question you referred to. See here judaism.stackexchange.com/questions/9817/… –  David Perlman Sep 14 '11 at 7:50

1 Answer 1

This was addressed long ago and is codified by Rambam.

If it's a fair tax upon everyone, we say dina d'malchusa dina. If the standard law is that if someone is found guilty of treason then the king confiscates all his property, that's still fair. But if the king can randomly seize anyone's stuff for himself just because he feels like it, that's strongarming (chamas), not dina d'malchusa dina.

I'd asked a halachic authority if Iraq under Sadam Hussein would have been considered dina d'malchusa dina, he said absolutely not. I asked where exactly the line was drawn, he said that was a government with no yashrus whatsoever, he knew it when he saw it.

In the early days of Communism, Rabbi Moshe Feinstein felt that dina d'malchusa still applied to a degree; the government was valid, though wrong to persecute religion. Though he got out of Russia several years before Stalin became premier ...

share|improve this answer
    
On your last point: not quite. Stalin ימ"ש was in power from the mid-1920s; R. Moshe, lehavdil, left in 1936. –  Alex Sep 13 '11 at 15:45
    
Thanks, see revision above. –  Shalom Sep 13 '11 at 16:13
1  
Do you have a source where R' Moshe said it? –  Shmuel Brin Sep 13 '11 at 16:17
    
@Tom Smith, the bio prefacing Igros Moshe vol. 8. –  Shalom Sep 13 '11 at 16:57
1  
what is the halachic tax limit? 1%, 10%, 49%, 99%? If it's 100%, then a "chamas" (No pun intended :)) Government just takes everyone's money and property "fairly" (it's an equal 100%) and gives a "donation" to whomever it wants. –  Shmuel Brin Jul 26 '12 at 23:27

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.