Wednesday, November 30, 2016

The Law of the Land part 1


This is a most sensitive topic, which raises great anger in both Jewish and non Jewish circles. Opinions vary greatly.We have our G-d given laws of both the written and Oral Torahs. To what degree are we bound by the laws of the  place in which we live? To what degree would doing so be an affront to the Torah?  We find the first mention of the  idea of respecting the law of the land in Jeremiah, who urges the people who were taken captive to Babylon to "Also, seek the peace and prosperity of the city to which I have carried you into exile. Pray to the L-RD for it, because if it prospers, you too will prosper." (Jeremiah 29:7). Even if taken away by force from our land, we are not to behave in a rebellious manner; but rather obey the ways of society. On the other hand, when Nebuchadnezzar orders the Jews to practice idolatry, they flat out refuse to disobey G-d. According to the Talmud, they told Nebuchadnezzar "You are our King for taxes, but when it comes to our religion, you and a dog are equal". The foundation was thus established, that the secular authorities have no control over us in matters of religion. If they legislate against Torah, we are still bound to practice it. In the Talmudic era, Shmuel of Nehardea (165-257 CE), was a close friend of King Shapur I of Persia. When twelve thousand Jews were killed in an uprising against the Throne, Samuel refused to show any signs of mourning. When asked about it, he simply said "Dina d'Malchuta Dina" (The law of the Kingdom is a law). In other words, by violating the law of the land, they brought their deaths upon themselves. Shmuel's principle is quoted often in both Talmud and later rabbinic sources. Several questions arise. Does civil law become Jewish law, or just law for Jews, that we do not claim extraterritoriality? If I jaywalk, have I committed a sin? What are the parameters? What if the law is patently unjust? Does the principle "the law of the Kingdom" imply that this applies only to where there is a King? Would it apply in a democracy? Would it apply in a Jewish State, where, at least theoretically, the Torah should be the law? Does this principle refer to every whim of a King or government, or only to well established rules of that country? By what right can a government limit my freedom of action? All of these questions sparked great debates within Judaism I will be dealing with these questions in this series.

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