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7

I will offer a partial answer to the question. Many states have exceptions to the underage drinking law that for religious purposes it is allowed. Many states also have an exception when on private, non alcohol-selling premises, with parental consent. I got this information here: http://drinkingage.procon.org/view.resource.php?resourceID=002591. Although ...


7

I heard this from Rav Shmuel Eliyahu: Dina D'malchuta Dina is limited to laws that are: Enforced in practice by the government, Apply equally to all citizens, and do not contradict Torah. Even if a consumer of a mattress were forbidden by law to remove the label there would have to be some kind actual enforcement of that law to bring it ...


7

Anytime that you purchase something using anything that you claim has value, but in fact is not what it appears, you are guilty of fraud and theft, both of which are Isurei DeOraitha (Biblical prohibitions). It has nothing to do with whether or not the country you are in considers it a felony or a misdemeanor, or even if it is encouraged as an economic ...


6

For parts 1 and 2 see this answer. This answer addresses part 3. I have a US security clearance, and the rules that came with that say that I could suffer penalties ranging from losing my clearance to going to jail if I reveal classified information to anybody who (a) does not have a clearance or (b) does have a clearance but does not have a ...


5

I once asked this to Rabbi Dovid Feinstein. He said it is assur to pay cash in this type of situation. Paying taxes is an enforced law which falls in the category of Dina Di'malchusa which one must keep.


5

The Bavli (Bava Kamma 60b) states that when a plague is in the city one should stay inside and when a famine is in the city one should leave. However, it is worth noting the words of the Arukh HaShulchan (576:12): כתבו הגדולים דכשאבעבועות שקורין פקי"ן פורחים בתינוקות ומתים – יש לגזור תענית. וכל אחד מחוייב להרחיק מן העיר בניו ובנותיו הקטנים, ואם לא עשה כן ...


5

Possible answer to part 1. 1) Here you find the well known statement that "Gemara (Yerushalmi Yuma 8:5) puts it very pithily: “The one who acts with alacrity is to be praised; the one who is asked (concerning whether to desecrate Shabbos) is disgraceful; and the one who asks is a murderer.” The statement is qualified This is because every ...


5

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 ...


4

A consensus developed among the Gaonim, and it appears in the Rambam, that "show me the money" is one criterion in determining legitimacy. If you're not sure if this uprising is a real government, have it issue currency and see if people use it. They do? It's a real government. (As for the American Revolution: someone remind me please about the phrase "not ...


4

As stated, in the mattress example, that tag is there to prevent mattress manufacturers from putting all sorts of awful stuff in their mattresses and consumers not knowing. Once you've read the "ingredients label" and have bought the mattress, you can do whatever you want with it. (Well if you go to sell it to someone else it gets tricky ...) So rip away! ...


4

The answer to this question specifically about the United States has to do with Article VI of the U.S. Constitution. Article VI Clause 2 reads This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of ...


4

First off: halacha still prohibits marijuana, for all sorts of other reasons! What follows here is a theoretical discussion of dina demalchusa. One limitation is that the law must be "that of the kingdom", not just the whims of a particular king. If a law is completely bizarre and a total departure from anything ever enacted before, that can't be called ...


4

I heard quoted from several poskim, one of whom was R' Moshe Heinemann (I don't remember who the other was) that even according to the opinions that Dina D'Malchusa applies beyond property and monetary law, it is permissible to go 8 miles over the speed limit (obviously this number would be case sensitive) because the police do not care when you are within ...


3

The underlying theoretical justification - Pikuach Nefesh, saving lives by preventing attacks - is where it would come from. Whether or not this behavior accomplishes that in this context is another matter. The most interesting aspect of the question is if the victim of the "Price-Tag" attack is decidedly not an aggressor, just happens to be in the same ...


3

Counterfeiting money is definitely assur, prohibited, by Halacha. Why? Just off the top of my head (I'm going to Wiki this, so feel free to add answers and sources): Vayikra 19:11 "לֹא, תִּגְנֹבוּ; וְלֹא-תְכַחֲשׁוּ וְלֹא-תְשַׁקְּרוּ, אִישׁ בַּעֲמִיתוֹ." "Don't steal, deal falsely, or lie." מִדְּבַר-שֶׁקֶר תִּרְחָק (Prohibition against lying) [Shemot ...


3

To start, it is pretty settled that dina d'malchusa dina applies to paying taxes. According to the Ran's commentary to Nedarim 28a, "paying taxes is like paying rent, it is the cost you pay for living in that country." C.f. Ramah to Choson Mishpat 369:6. Rabbi Joseph Solovechik also held that one should not shop at a store where you know the owner does ...


3

According to the Melbourne Kollel, They say that The Chelkas Yaakov says that Dina Demalchusa Dina does not apply here, as even according to the Rama (who says that Dina Demalchusa Dina applies even in cases which do not benefit the government directly [such as Bankruptcy]) the Dina Demalchusa must benefit the public in some way. Since bankruptcy hurts ...


2

I can't see it applying any way other than with the "Facts on the ground". Who runs the police force, and who enforces the laws? If there is a conflict, you have to follow both of them. Edit: It does not matter if you live in an Empire, country, a state, a city-state, a kingdom, or a fiefdom. What matters is that you follow the laws of the Judges and ...


2

It seems to me that the only thing that really matters here is "dina d'malchusa dina," that Halachah mandates that Jews follow the law of the land. Since this law isn't forcing you to violate Halachah, Halachah mandates that you follow it.


2

I haven't had time to go through the whole sugya, but this article by Dov Daniel (published in Daf Kesher vol 922, Parshat Pinchas 5763) seems to say that it is a din on the gavra and not the cheftza: דברי ר' יונה: "לא הוזכר דינא דמלכותא אלא בהפקעה שהנכסים מופקעים מבעליהם בדיני המלך וכענין הפקר בית דין הפקר ומי שיורד בהם במצות המלך זוכה ...


2

The source of "Hakol Keminhag Hamedina" is from the law of "Kol Tnai Shebemamon Kayam". For example, if all merchants in a city agree to a Situmta (a mutually agreed apon method of acquiring an item, like a handshake) and a merchant (who did this situmta) wants to back out of a deal, the court wont let him as they assume that he follows the custom of the ...


2

On one hand it's interesting to note that most Western countries don't make this question a pressing matter. They leave us alone when it comes to ritual law and accomodate us when it comes to civil (eg allowing 2 Jews to go to Beis Din instead of civil court in a money matter) law. However, events in the last few years might increase the relevance of this ...


2

R' Shlomo Zalman Aurbach, in Maadanei Aretz ch. 18, writes that Halacha trumps Dina D'Malchusa Dina. For example, if A took B to secular court and won, B would have to pay A as a result of Dina D'Malchusa Dina (even though A was not allowed to take B to court to start), but B could then sue A in Beis Din for his unjustified losses in secular court, because ...


2

Yes. There is a concept of "dina d'malchusa dina," the "Law of the Land is the Law." This means that according to Halacha, one must abide by the civil law of the land in which one lives. There is much discussion about the parameters of this din, but as laws generally do not concern themselves with the subjective "convenience" of those to whom they apply, ...


2

We find in Sanhedrin 14a that the government ruled that any one who gives or receives Semicha will be put to death.. Yehudah Ben Bava gave Semicha to 5 students between two cities.. when the Goyim found out, Yehudah Ben Bava told his students: Run The famous story of Rashbi who ran away in a cave for 12-13 years because the secular courts wanted to kill ...


1

In my opinion it would be permitted because enforcement of prohibition was selective and selective enforcement is one of the things that nullifies Dina Demalchusa. The selective enforcement was for two reasons: there was insufficient manpower to do better, and states had no interest in doing it, leaving the job to federal agents. So a local officer would ...


1

With regard to question #3: According to Prof. Eugene Fidell of Yale Law School, who is an expert on government labor law and the military criminal la, the congregant would have no defense to a charges of unlawful disclosure of classified information if he disclosed classified info to s civillian rabbi. Therefore, the annswer to question #2 is moot. His ...


1

http://www.torah.org/learning/honesty/class12.html QUESTION 19: ABOUT JAYWALKING Is it permissible to jaywalk and to walk against a red light even though it is technically illegal? RABBI BELSKY Some people claim that dina d'malchusa dina (the law of the land), applies even to these issues. I think it all depends. When the streets are ...



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