Throughout our long stay in the diaspora, the Jewish nation was always mindful of the Shalom of the Malchus, the general peace of the land, as well the Dina D’malchusa, the local laws of the land. Chazal teach us that Dina D’malchusa Dina, the law of the land is recognized by the Torah. At the same time, it certainly does not supersede the laws of the Torah. An important point that needs to be clarified is that Torah law covers almost every possible scenario. Where then, is the place for following Dina D’malchusa?
THE LEGAL BASIS FOR DINA D’MALCHUSA
In the first segment, we begin by learning the sources and legal basis for Dina D’malchusa. Is it due to the government’s ownership of the land that grants them the right to legislate? Or, perhaps it’s simply based on the general consensus that peaceful living requires a system of law and order, and thus we all implicitly agree to be bound by the dictums of the legislature. We take a brief look at the Torah’s view on tax evasion. This leads to an interesting discussion regarding the validity of unfair legislation, such as a tax on a specific industry or ethnic group.
CIVIL APPLICATIONS OF GOVERNMENTAL LAW
In the second segment, the focus is on civil applications of the law of the land. Does Dina D’malchusa empower a non-Jewish legislator to mix into civil affairs altogether? An argument can certainly be made that Dina D’malchusa is limited to laws that are directly relevant to the government. Of more pressing concern is when those laws seek to contravene a Torah law. For example, Torah law absolutely forbids Jews from settling their internal disputes before a secular court. What happens then, when the local law of the land requires that disputes be brought to their court system? As a case study, we provide two views on legislated rent control. One view in the acharonim is that this is a perfect example of Dina D’malchusa, and a tenant cannot be required to vacate or pay more than the local law allows. Other acharonim, consider such laws to be a form of passive theft from landlords, and it must not be followed amongst Jews.
DINA D’MALCHUSA AND MINHAG
Finally, a very important corollary to Dina D’malchusa is the law of Minhag. Common business practice is a major factor in determining the halacha in civil cases. Clearly, local laws are a major factor in how common business practices develop. We will find that many instances of Dina D’malchusa are enforceable due to the laws of minhag, even though they would not have been halachically recognized under Dina D’malchusa.
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