[Avodah] dina demalchuta

Micha Berger micha at aishdas.org
Tue Jul 19 12:28:52 PDT 2011


On Tue, Jul 19, 2011 at 02:39:18PM -0400, Zev Sero wrote:
>> I thought we would be done with this claim of lack of sources after
>> http://www.aishdas.org/avodah/vol27/v27n155.shtml#10
>> (Which was the end of the thread; RZS didn't challenge the list of
>> shitos at the time.)
>
> I got sick of beating my head against a wall.  None of the sources
> were on topic...

Let's see, in the post to which you're replying, I mention Rashi's
obligation to follow all secular laws that are legislated in fulfillment
of the 7 mitzvos, the Maharshal's obligation to follow those that make
for an ordered society, the Rashbam saying DDD means following any
gov't that rules by the concent of the governed, the Rashba (and the
BY who cites him) that DDD includes conducting a Jewish investigation
of a crime on behalf of the civil authorities -- who are responsible
for any punishment, and the Maharam Shick saying that DDD obligates
one to turn in a woman suspected of killing her husband even if halakhah
doesn't call for her death and her guilt hasn't even been determined
yet.

On topic, no? And I think that very firmly proves that in their opinion
DDD has a very broad scope.

Note that at least according to Rashi, the root of DDD is deOraisa.
I am not sure the Maharshal and Rashbam necessarily agree, but it is
certainly plausible that human safety and social contract are indeed
de'Oraisa.

Tir'u baTov!
-Micha

-- 
Micha Berger             When we are no longer able to change a situation
micha at aishdas.org        -- just think of an incurable disease such as
http://www.aishdas.org   inoperable cancer -- we are challenged to change
Fax: (270) 514-1507      ourselves.      - Victor Frankl (MSfM)



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