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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

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 ...


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

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

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 ...


3

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 ...


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 ...


3

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 ...


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

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

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

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 ...


1

1) The answer to your question from Jewish Virtual Library is "maybe". To expand slightly "As is true in many matters, there is a diversity of opinion. Some opinions say that to invoke a bankruptcy discharge is theft; since under Jewish law you still owe that money, not paying it back is illicit. Other opinions say that even though halakhah does not ...



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