10

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 ...


8

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 ...


8

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 ...


7

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 ...


7

R. David Zvi Hoffmann (Shut. Melamed Le'Hoil 1:42) was asked whether a G-d fearing Jew is obligated to do "everything possible" to evade service in the German army, "where he is forced to violate shabasos and yamim tovim." His conclusion, after detailed analysis, is that he is not obligated to, and it is better not to, as if this becomes known it will cause ...


6

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 ...


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 government-...


6

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 ...


6

In general, while Jews are obligated to follow the law of the land (dina d'malchuta dina - "the law of the land is the law"; see Nedarim 28a, Gittin 10b, Bava Kama 113b, and Bava Batra 54b), this is not the case if the law would force them to violate divine laws (including those regarding human rights). Similarly, if the law is unjust/discriminatory in ...


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 rav ...


5

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 ...


5

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


5

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! ...


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

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.


4

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 ...


4

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 23:7]...


4

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 ...


4

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.


4

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 him....


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

(All translations are my own) Shulchan Aruch C.M. 73:14 (discussing the selling of collateral after the time of collection of a loan has passed - see :12) יש מי שאומר שאע"פ שעבר זמן ההלואה צריך להמתין מלמכור המשכון שלשי' יום אחר תביע הגה: וא"צ לתובעו בב"ד רק יתבענו בפני עדים שיפרענו ואח"כ יעכבנו ל' יום וימכרנו ואפי' אם תבעו רק בינו לבינו מהני אם הלוה ...


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

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 ...


3

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 ...


3

Serving as a juror between two Jews in a case dealing with the law of the country is not problematic unless the law of the country in question conflicts with Talmudic or Biblical law. Per Dina D'Malchuta Dina, one is obliged to serve on a jury if chosen as it is a civil duty. Additionally, as the US Government cannot be claimed to be a "Wicked Government" ...


3

"The Ran (in Nedarim) explains that the exception to the rule of DDD is Eretz Yisroel, which the Ran categorically states that Dina Dmalchusa Dina is inapplicable in Eretz Yisroel, since the Torah declares Eretz Yisroel belongs to Hashem (Vayikra 25:23). Since Hashem is the true property owner, and He has encouraged all of Klal Yisroel to live in Eretz ...


3

You will find the historical information you seek at this link: Italy, Early Modern - Jewish Women's Archives: https://jwa.org/encyclopedia/article/italy-early-modern. It is an encyclopedia article by Howard Tzvi Adelman. Simply put, Jews could indeed divorce in Catholic-dominated Italy, and Adelman discusses the conditions established by the autonomous ...


3

It is known that Rav Elyashiv ZTL & Rav Chaim Kanievsky Shlita and other Rabanim often refrain from giving public Proclamations regarding subjects about which they have reason to believe that many religious people will blatantly disregard. They rely on the fact that those who care enough to take heed of the Halacha will verify on their own what the ...


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