65.1 “Dina de malchuta dina”: the law of the land is the law.

The Talmud tells us in several places (Bava Batra 54b, Nedarim 28a, Gitin 10b, Bava Kama 113a and Bava Batra 55a) dina de-malchuta dina, that the law of the land is also the law for the Jews, as long as it does not force the Jews to go against Halacha. In this sense, one as a Jew must respect red lights, not speed, and pay taxes correctly, and observing Halacha, Jewish Law, does not exempt one from these obligations.

This does not surprise most Jews and is rarely the subject of debate, even in most ultra-conservative groups, although it does occur in some Jewish communities of people who claim to be very religious or observant, while violating the laws of the country.

Of course, there are sometimes cases where we have a religious obligation not to obey the law of the land, for example when it has been forbidden to circumcise newborn boys or to slaughter animals according to the laws of shechita (kosher slaughter).

There are other instances where the law of the land is more permissive than Jewish law, such as freedom of speech. Jewish commandments do limit expression in very specific cases, especially if our words may harm or hurt another person (lashon hara).

There are also cases where the law of the land is stricter than the Jewish law. For example, Jewish law does not prohibit discrimination in employment and stipulates different treatment of a Jewish servant than a non-Jew. The law in many countries upholds non-discrimination in matters of employment.

Dina de-malchuta dina, the law of the land is the law, is a phrase attributed to the sage Samuel. According to Samuel, it is very clear that a Jew must obey the laws of the country where he resides unless the law directly contradicts a precept of Halacha. What does this mean? It means that being a law-abiding person is not only a civic obligation, but is also a religious obligation, as important as fulfilling the mitzvoth.

By Marcos Gojman

Bibliography: Article by Rabbi Michael Knopf.

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