הרה"ג אליהו בחבוט לומד
Country: Brazil

Question

 

The esteemed rabbi, may God protect him, previously responded to us that there is “dina de malchuta dina” also in the State of Israel. I wanted to know if all types of laws fall under the definition of “dina de malchuta dina,” or if there are exceptions?

 

 

 

 

 

 

 

Answer

Excellent question. In fact, according to the Maran of the Shulchan Aruch, “Dina deMalchuta Dina” is said only in relation to laws that are for the benefit of the king (the benefit of the monarchy, the government), such as the payment of taxes and property fees, among others. And this also includes laws that are indirectly useful to the king, for example, laws that allow the government to identify tax contributors. And there is significance in the words of our master, Rabbi Ovadia Yosef, that his opinion is that in the concept of “benefit of the king” all laws that are for the general benefit of the state are also included, and only those laws that are “between a man and his neighbor” or laws that fall within the jurisdiction of the courts are not included. And thus the law is also different regarding the imposition of taxes on the scholars. And in the response they mentioned (in the sources), we also referred to the issue of the kingdom’s law in areas where the laws and administration are not equal among the sectors (“discriminations”), and then the law also changes, as explained there.

 

[Note: We do not intend here (nor anywhere else in our words) to instruct anyone to violate any laws in any country, but we have come to explain that, in relation to some laws – those who violate them are also violating the holy Torah (distinguishing between sacred and profane), while in relation to other laws – those who violate them are violating secular law and are not also violating the holy Torah (distinguishing a thousand and one distinctions)].

Sources:

Leave a Reply

Your email address will not be published. Required fields are marked *

PLEASE NOTE*

Attention: You should not learn from one case to another, each case must be analyzed individually. Generally speaking, it's always best to have contact with a Rabbi in person, not just virtual contact. Note that where there is a local Rabbi("Mara Deatra"), one should ask him. The answers are under the responsibility of the rabbi who responded, and not under the responsibility of the website and/or the Head of the Institution.

Advertise Here!
All proceeds are sacred To the Birkat Avraham organization. Also excellent charity, Advertising is also profitable for your business.

Didn't find an Answer?

Ask The Rabbi

Share us for friends

Last Articles

Smart Search Within the Site ×

Contact Us

Office

צור קשר

מזכירות: