[Avodah] Land ownership

[Zev Sero via Avodah]

On 23/01/17 18:09, Akiva Miller via Avodah wrote:
>
>> So then how does the king acquire all the land so that
>> those who understand dina dmalchuta as being based on
>> the king owning all the land have a case?

> Is that the ONLY reasoning behind DDD? I always thought that DDD derives
> from the Sheva Mitzvos Bnei Noach, specifically the obligation to set up
> a fair government. That government does not necessarily involve a king.
> And even if it does, the king does not necessarily own all the territory.

This is Shitas HaRan on why DdMD.  Since the king owns the land, and has 
the right to expel anyone he likes from his land, and therefore by 
residing in the land one is agreeing to keep his laws.  If one doesn't 
like it, one is free to leave.   Therefore, he says, it doesn't apply in 
EY, since no king has the right to expel a Jew from EY.   The Maharshal 
further explains that if a king were to rule the whole world he would 
not have the right to impose laws on people, because there would be 
nowhere for objectors to go.

It seems to me that it would also follow that since nowadays it is 
accepted that every country belongs to its citizens, and they may not be 
expelled from their country no matter what crimes they have committed, 
therefore according to the Ran DdM is no longer D anywhere.


-- 
Zev Sero                May 2017, with its *nine* days of Chanukah,
zev at sero.name           be a brilliant year for us all