[Avodah] dina demalchuta

Zev Sero zev at sero.name
Wed Jul 20 07:45:57 PDT 2011


On 20/07/2011 10:08 AM, Micha Berger wrote:
> On Wed, Jul 20, 2011 at 11:49:08AM +0100, Chana Luntz wrote:
> : Just to slightly butt in here, I don't think you are understanding RZS's
> : argument.  He doesn't believe that DDD is an aseh or a lav, he believes it
> : is just a kind of recognition of a fact, ie a shtar is valid, or a seizing
> : of property by the king make the property legitimately the king's.  He
> : doesn't believe that this imposes on anybody any obligation to do anything.
>
> Thank you, I didn't.
>
> However, saying that a shetar is valid is identical to saying I have a
> chiyuv to abide by that shetar and identical to saying I have an issur
> against violating that shetar.

Huh?  A shtar makes no demands on you.  It simply is.  And that is the
case with any din.  A din is a statement of fact, which you can neither
obey nor disobey.  And "dina demalchusa dina" is an instruction to batei
din, to recognise the kingdom's dinim as valid.

-- 
Zev Sero        If they use these guns against us once, at that moment
zev at sero.name   the Oslo Accord will be annulled and the IDF will
                 return to all the places that have been given to them.
		                            - Yitzchak Rabin

                    
		



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