Thursday, December 8, 2016

The Law of the Land part 5


Through the ages, there have been theoretical discussions if the concept of Dina D'Malchuta would apply to a Jewish government in the Land of Israel. Many opined that it woulod not, as such a government would clearly need to be founded upon Torah law. Others felt that a community could make its own civil laws, which would come under the category of Dina D'Malchuta. This question became a reality with the founding of the State of Israel. Israel was not founded as a religious State, but rather as a "socialist paradise", along the lines of Sweden or Norway. What can be said is that it was founded by idealists. David Ben Gurion said "You do not yet have a Jewish State. You will have it when there is a Jewish prostitute and a Jewish pickpocket". In other words, when Jews are "normalized". Up until the early 1970s, Israelis danced in the streets on Independence Day. Such displays are exceedingly rare today. Patriotism is looked upon with cynicism. Several high-profile scandals have removed three presidents from office, and two have gone to prison. One former Prime Minister spent time in prison, and the previous first lady has been the subject of a police investigation. The previous Prime Minister is now under indictment for serious crimes, and may well go to prison. The goal of most Israelis is to simply live and prosper. For the vast majority of Israelis, idealism is dead. Studies of volunteers for special forces in the army, have shown that whereas their primary goal was, in the past, to serve Israel, in recent decades that has changed to "personal challenge". Israelis are the highest taxed people in the world. Many feel that their tax sheqels are being squandered. When I first got to Israel, then finance minister, Eliezer Modai, was on an interview program on television. He was asked "what percentage of Israelis cheat on their taxes?" He answered, "One hundred percent. Otherwise they couldn't live". He further explained "the tax laws are designed with the goal of collecting 50% of what is charged. We ask for double, in order to collect half". The moderator asked "then why do you prosecute tax cheats?". He answered "if we didn't prosecute some, we wouldn't collect even 50%." I have been told by many business owners in Israel that they only begin to make a profit when they hide 50% of their income. I saw this in action many times. I have also seen arbitrary application of civil laws in general. Therefore, the view of many, if not most, Israeli rabbis is that Dina D'Malchuta does not apply, as we are faced with a "Chamsanuta D'Malka" (Royal Robbery) situation. Of course, each rabbi I spoke with begged me not to quote him. There is, however, one segment of Israeli society that scrupulously, indeed religiously, observes all laws, and freely reports neighbors who do not. Are these people saints or sinners? Why the idealism about non-Torah law? That will be my next topic.

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