[Avodah] dina demalchuta

Rich, Joel JRich at sibson.com
Wed Jul 20 13:29:06 PDT 2011


 


In '07 <http://www.aishdas.org/avodah/vol23/v23n020.shtml#14> RAF (who must have been living in South Switzerland at the time, "Shalom Y'all"?) pointed out that DDD means three things:

1- The power of civil law to define minhag hasokherim,
2- the power of taxation
3- the responsibility to maintain a safe and orderly society.

Taxes is a weak example, since the Rabbeinu Tam's hefqer BD hefqer rationale only supports the latter two. Claiming "other laws of the kingdom" involves the third category.

All this began with a question about whether one is permitted/obligated to violate DDD to implement "kofin oso ad sheyomar rotzeh ani". Which is a different topic than taxation.

Tir'u baTov!
-Micha

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And to bring things full circle - the language of the Rambam is clear that a beit din makes the determination of kofin oso and it's bkol zman/makom.  My thought was that this implies to me that beit din is acting under 3 above in this case (i.e. the power of melech) else where do we see beit din from power of sanhedrin having the right to use "non halachic" force (my own thought and if I'm off base, I'd be the first to admit it)
KT
Joel Rich
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