Questions tagged [dina-dmalchusa-dina]
The Halachic concept that one is bound to follow the laws of the country they live in. Literally translates to: "The law of the kingdom is the law."
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Dina malchuta dina - detailed definition [duplicate]
Assume an observant Jew living in an area controlled by a Colombian guerilla. The guerilla is independent from (actually opposed to) the central government of the country and make their own laws.
Dina ...
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One country piracy law in another country [closed]
Products issued in one country under one copyright while you reside in another bind you to follow the copyright of the first country or if pirating in the country of stay is permitted it is fine?
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Law of the land of oppressors [duplicate]
Historically it turns out we used to struggle under the oppression of the nations. Did the "dina demalkhuto dina" apply to the oppressors as well? Should have communist laws in the USSR been ...
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Mar Samuel and Dina d'malkhuta dina dispute
From Wikipedia:
In the opinion of some, for the exiled Jews their submission to
gentile rulers was viewed more as a "pragmatic recognition of brute
force" than anything else.
Do I ...
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Selling Chametz Without a Liquor License [duplicate]
Does the lack of a Liquor License render Mechirat Chametz halachically invalid, or draw it into question?
(Please note that this question is not about Prohibition, the repealed law which banned ...
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Limited liability in Halacha
According to Halacha, may a Jew sue another Jew through a beit din for the actions of a corporation the other Jew is invested in if that corporation is a limited liability structure under secular law?...
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Paradox of a corrupt court
With current events in mind (South Africa v. Israel Genocide Convention), I have a question. How does Torah help us solve the paradox of applying justice to an injust justice system?
If the court ...
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Dina D’malchuta Dina when it contradicts halachic liability
Does the Halacha of Dina D’malchuta Dina apply to cases where the government law is more lenient than Halacha in liability cases? For example, say someone does something which accidentally leads to ...
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Is food purchased by a Jew on Shabbos unkosher for later use like cooking in a kosher pot, eating on kosher plates, etc.? [duplicate]
This is a mind-bending question and I'm aware of the prohibition of giving advice that would encourage someone to violate halacha-but here's my reality. I'm a Jew and I have a kosher home. I am not ...
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Why does Jeremiah 27.9 speak of a city instead of kingdom?
On the DD"M wave, Jeremiah writes (29:7):
"וְדִרְשׁ֞וּ אֶת־שְׁל֣וֹם הָעִ֗יר אֲשֶׁ֨ר הִגְלֵ֤יתִי אֶתְכֶם֙ שָׁ֔מָּה וְהִתְפַּֽלְל֥וּ בַעֲדָ֖הּ אֶל־ה' כִּ֣י בִשְׁלוֹמָ֔הּ יִהְיֶ֥ה לָכֶ֖ם ...
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Source for Mar Shmuel citing Jeremiah 29:7 on Dina Demalchutah
WIKI for Dina Demalchuta says:
"Origins of this idea come from Jeremiah's letter to the Babylonian exiles: "Seek the peace of the city to which I have exiled you and pray to the Lord on its ...
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Is Dina Demalchutah ever mentioned in Tannaic sources?
I was looking up in the Sefaria, but the only reference to the Dinah Demalchutah I could find was in the Babylonian Talmud in the name of the Babylonian Amorah Shmuel (דינא דמלכותא) and only in his ...
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Is one allowed to use neighbor's overhanging tree branches for schach?
The Shulchan Aruch in CM 155:26 rules that if the neighbor's overhanging tree branches present a nuisance, one is allowed to cut them until the property line.
Is one allowed to cut these branches if ...
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Why specifically did Rav Moshe Feinstein serve as rabbi in Ohio for a while, per his visa? [closed]
Rabbi Feinstein's family write (beginning to Igros vol. 8) that Rabbi Feinstein had a relative in Ohio who arranged for a pulpit opening, which led to Rabbi Feinstein entering the US on a religious-...
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Legal minyan in Stamford Hill
As of October 2020 the UK government has established strict laws and very specific guidelines for the currently ongoing holiday.
It would seem that we have to keep these regulations, especially since ...
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Are you liable for infecting others?
The Talmud says:
One who injures another becomes liable for five things: damages, pain, medical expenses, incapacitation, and mental anguish. [Bava Kamma 83b]
It does not spell out HOW or WHY the ...
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Overly broad definition of Chametz in sale contract
I was reviewing the language of a mechirat chametz contract I had been sent and noticed some unusual specific language defining the parameters of the sale:
...The term 'Chometz' shall refer to any ...
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Mikvah during UK COVID-19 Lockdown [closed]
The UK is currently under a strict lockdown, prohibiting the leaving of one's home for any other than the following purposes:gov.uk
Shopping for basic necessities, for example food and medicine, ...
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R' Akiva Eiger and the epidemic
A rav mentioned it to me that R' Akiva Eiger got an award from the Prussian king, because during an epidemic in Posen he, in accordance with the doctors and the authorities, required the strict ...
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How is Dina d’malkhuta transferred from one nation/state/malkutha to another?
How is Dina d’malkhuta transferred from one nation/state/malkutha to another?
Does land enter a state where it has no malkhuta or does it go directly from one malkhuta to another?
If a nation has an ...
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(How) did the South African rabbinate deal with non-white conversion candidates during apartheid?
As I understand it, during apartheid, the South African government treated the Jews as "white."
Did it ever happen that someone in a different racial group expressed interest in converting to Judaism ...
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Setting the bar for life threatening situations (VeNishmartem)?
The Halachah says (Rambam Rotzeach-uShmirat-Nefesh 11,5, read on to ch.13, interestingly haMechaber omitted those Halochos):
"הרבה דברים אסרו חכמים מפני שיש בהם סכנת נפשות.:"
"Our ...
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How serious is it that visibly observant Jews offend traffic laws
In the last years, bicycles became very popular in Israel and in Jerusalem in particular (especially electric bikes because Jerusalem is very hilly) and they have been adopted as a cheap means of ...
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Hackintosh in Halacha
A Hackintosh is a bootlegged version of Apple's macOS loaded onto a computer that has not been manufactured by Apple and doesn't have a license to run macOS. According to Apple's macOS license,
I. ...
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The kippah and dina d'malchuta dina
If the military forces a Jewish member to remove his kippah because they do not allow head covering, must he comply under dina d'malchuta dina or not? On the one hand, head covering in Judaism is a ...
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Divorce and dina d'malchuta dina
For many centuries, in Christian lands (Italy in particular), divorce was outlawed. But Judaism allows divorce. Does anyone know what the Jews did in these countries, if they wanted to divorce? If ...
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Inheritance laws and dina d'malchuta dina
If someone dies and halacha says you get to inherit, but civil law says I do, who does? If we both agree to let a bet din decide the matter, then you inherit and the matter is closed. But if I take ...
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What to do in face of total ban on kosher meat?
If a country bans shechitah and also bans the importation of kosher meat, do the Jews of that country have to go vegetarian according to dina d'malchuta dina?
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No need to adhere to local custom?
When discussing what permission Yaakov had for rolling the rock off the well, Orangesandlemons quoted a Shadal (R' Samuel David Luzzatto זצ"ל) that said that Yaakov was under no obligation to ...
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Hezek re'iyah and dina d'malchusa
Assuming all the necessary local zoning permits were received, can a Jewish institution or individual build a construction (such as a school playground) with a view of private property (e.g., a ...
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Government-forced mixed swimming
Mixed swimming is prohibited even for older children. How should we react if the government would try to force such upon us? Would we e.g. have to let ourselves be killed rather than obey?
Note: ...
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Does Dina deMalchuta include international law?
Chaza"l set forward a regulation that "dina demalchuta dina," the law of the land is the law (Bava B'atra 54b).
International law is a set of near-universally recognised modes of conduct between ...
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Alcohol sales despite government monopoly
Many places have government imposed alcohol monopolies and private retailers of alcoholic beverages are forbidden.
As alcohol, especially (red) wine, has a central place in Jewish practice and as ...
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How far does dina demalchusa dina go?
Does this apply to laws which are clearly corrupt and based on lies? At what point does a law which solely benefits one political group but harms everyone else stop being legitimate through the lens ...
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Is there a Jewish protocol for civil disobedience to civil law?
I'm asking if there is a specific Jewish protocol for civil disobedience for civil laws/civil wrongs such as racist policies (ex. Heschel, Martin Luther King Jr. and the making of Civil Right Act of ...
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Is one allowed to carry a gun for self-defense if local secular law prohibits it?
There is a rule of Dina D'Malchuta Dina - the law of the land is valid, providing that it does not conflict directly with Torah laws.
There is a Torah law of Venishmartem lenafshotechem (Devarim 4:15)...
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Should a Va'ad revoke kosher certification of caterers that allow catering a gay marraige affair? [duplicate]
Related and a follow up to this M.Y. question:
The U.S. Supreme Court has legalized gay marriages in al states. There have been several publicized law suits in a few states where a gay couple sued a ...
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Is trying to get out of jury duty permitted halachically?
In the comments on this question about being on a jury when a trial could run into Shabbat, somebody brought up the point that it's generally not hard to avoid jury duty. And, in my experience, lots ...
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"Evading" small taxes
I believe it has been stated times before on this site that Dina DeMalchusa Dina does apply to paying taxes.
However, I noticed in this answer that it must be enforced in practice to apply. With ...
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Dina D'Malchuta with regards to the State of Israel?
Simply put, I've heard that the 2nd oath (of the 3 oaths Ketubos 111a) (i.e. not to rebel against the nations of the world) doesn't apply within the State of Israel. I don't know whether or not that ...
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Trespassing on Public Parks
If a state or federal park is closed, is it against halacha to go there anyway (if you are not damaging the property)?
(Thoughts: I would assume it is g'neiva because it is not my property.
However,...
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Being appointed to a jury in a case between two Jews
In the U.S., a person can be appointed as a juror without volunteering for the position.
If a person would find themselves appointed as a juror over a monetary dispute between two Jews, how should ...
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Do i have a responsibility to report users breaking the rules?
If I know that a certain user of a website is breaking the rules, can I just turn a blind eye, or must I report it? Also,
Does it matter what kind of rule it is? (E.g. No swearing vs. age requirement)...
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Which takes precedence - dina d'malchuta or halacha? What about minhag yisrael?
A more practical ramification of Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life?
If the law of the land (dina d'...
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My obligation to not let other avoid taxes
Let's say I'm a customer. There is a seller who is offering me a deal in such a way that it is obvious he's trying to avoid paying taxes. (For example, the seller insists on cash payments and a lack ...
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Leaving cities during plagues
Over the Yomim Tovim I happened to skim through a copy of Rav Hirsh's sefer "Horeb". In one section he discussed a directive from Chazal to leave a city struck with plague. With Ebola having been ...
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Are "Price-Tag" Attacks halachically sound?
Certain fringe elements* in Israel are known for committing crimes in reaction to Palestinian attacks. This attacks have in the past included the destruction of Palestinian-owned olive groves and ...
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Under-Aged Drinking for the 4 Cups on Pesach
Whats the halacha to drinking wine/alcohol for a minor when they need to drink four cups of wine on pesach and if so then is in it going against Dina D'malchusa Dina?
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Does "dina demalchusa dina" apply to laws no one keeps?
Suppose there is a law which most people routinely ignore, and the government rarely if ever enforces it. Does the principle of dina demalchusa dina still require you to obey this law?
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Responsibility to government law
When a particular non-Jewish law is inconvenient, and no harm seems to be done to anyone by ignoring (breaking) it... is one required still to keep it? If so, or if not, why? This question ...