[Avodah] dina demalchuta

[Lisa Liel]

On 7/22/2011 3:27 PM, Micha Berger wrote:
> On Fri, Jul 22, 2011 at 05:52:14PM +0000, kennethgmiller at juno.com wrote:
> : Perhaps when RMB wrote "owning the forms that misreport one's income",
> : he was referring to forms which have already been filled in?
> ...
> : In any case, even if it is not possible to come up with a practical
> : haycha timtza of RMB's point, I still thank him for reminding us of an
> : easily forgotten d'Oraisa which we should at the very least be aware of.
>
> And recall, it's not only a deOraisa, it's a to'eivah. Having the tools
> to cheat, even if one doesn't actually cheat in business, is a to'eivah.
>
> Say someone fills out a second set of books that never get looked at --
> he was oveir the issur. Or filled out the 1040 but didn't yet decide
> whether to file it or an honest one and still keeps it around until he
> does -- he was already oveir.
>
> Or if he does use it -- that would be two distinct issurim violated.

I'm not convinced that cheating the government is the same, 
halakhically, as cheating a person.  R' Eli wrote "This requirement, 
which is codified in the Shulchan Aruch (Choshen Mishpat 369:6), 
assuredly is satisfied by the government of the United States or any 
other democratically elected government."  But that's an assertion, and 
I don't think it's necessarily supportable.

A democratic government is not the same as a monarchy.  In a monarchy, 
you either accept that the king rules over you or you don't.  There's no 
middle ground.  In a democracy (or a democratic republic, rather), the 
majority enforces its will on the minority, and the minority has *not* 
necessarily accepted that the majority has a right to do what it does. 
Since that minority is in a constant struggle to overturn what it deems 
to be wrong actions by the majority, you can't claim that the government 
is accepted in the same way that a monarchy is.

I think there has to be a shikul on a case-by-case basis.  With 
proposals floating around for a 90% tax bracket (no joke), the question 
has to be asked.  In addition, the halakha views tax as a head tax.  A 
progressive tax can be viewed as a punitive tax, which may be more akin 
to a fine than a tax.  I don't think we say it's forbidden to avoid a 
punishment.

Lisa