Sunday, May 30, 2010

Dina dmalhusa - viiolating laws of the land


Dina Dmalchusa Dina, the law of the land, has become a much-talked about topic of late. For painfully obvious reasons, people have been doing much soul searching as to their responsibilities’ with respect to the government. There is much to be said about the practical aspects of illegal behavior; we are all painfully aware of the severe consequences of breaking the law, and the tremendous Chillul Hashem it may cause. Nevertheless, these issues will not be the focus of this presentation. This article will explore the Halachic ramifications of civil law.

Throughout our collective history, there has often been a true conflict between Halachah and civil law. During the Spanish Inquisition, one could not be both a good Spanish citizen and an observant Jew. Under communist rule, one could not be a good Russian comrade while retaining his belief in Hashem. Many of our ancestors literally sacrificed their lives to keep Halachah in the face of religious discrimination from fanatical governments. Clearly, our behavior is guided by Halachah, and if a civil government outlaws Judaism, we would reject such discriminatory laws, and continue to engage in Torah and Mitzvos. This may lead a person to conclude that a Frum Jew need not be concerned about civil law, and can act as they please as long as they are not caught.
 
What may add to this misperception is the fact that there is no mention throughout the torah of any prohibition against money laundering, check kiting, speeding, or similar types of behavior. If it is not outlawed by the Torah, what could possibly be wrong with such behaviors? If our sense of values and justice is derived from Halachah, which is silent on these matters, why should we consider such behaviors unethical? The following will present a (brief) synopsis of some relevant Halachos.
 
There is a well known but little understood concept of Dina Dmalchusa Dina, the law of the land is law. This concept is accepted without question by all Halachic opinions. It states a simple Halachic fact. Torah recognizes the right of a sovereign government to create laws for its citizens, and such laws are Halachicaly binding. Dina Dmalchusa is not a Mitzvah per say; one does not fulfill any particular positive commandment when obeying civil laws. Nor does one violate any prohibition when one violates a law. Rather, it is a simple statement of Halachic fact, that a government’s civil laws are Halachically binding on its citizens. [...]

Catholic couple ordered to comply with halacha to see husband's son


YNET

It has been centuries since the divide between church and state has been in place but recently it seems that religion has been taking center stage in divorce courts across the United States. This time, the state has ruled that ultra-Orthodox Judaism must be followed by a pair of Catholics.

 

Laura Derbigney, a Hispanic Catholic woman, has been placed under court order to keep Shabbat, keep kosher and live as a Hasidic Jew. This court order was carried out in Chicago and the woman is now being told she must live an Orthodox Jewish lifestyle due to her new husband’s ex-wife who is a Hasidic Jew.

 

Derbigney’s husband Nelson, also a Catholic, has a son by his first wife, a seven-year old who must carry out ultra-Orthodox restrictions with his Catholic father as he has with his biological mother, and this is the reasoning behind the court’s order to have the boy’s father and new step-mother live in the ways of a Hasidic Jew.

Private schools failing to run fingerprint checks


New York Post

Fewer than 1 percent of the state's 1,900 private schools run fingerprint checks on job applicants to screen for sex offenses and other criminal behavior, The Post has learned.

Statewide, only 17 private schools have submitted fingerprints since a 2007 law granted them the right, says the state Education Department.

Unlike public schools, private schools are not required by law to do extensive background checks. The 2007 law stopped short of making it mandatory. [...]


Racial controversy over claims of African relic


HARARE, Zimbabwe — Tudor Parfitt has spent years chasing a theory that a lost tribe of Jews wound up in Southern Africa. But his latest leap has landed him in a minefield.

The subject at hand is this British scholar's contention that the remains of a 700-year-old bowl-shaped relic which he tracked down in a Zimbabwe museum storeroom in 2007 could be a replica of the Ark of the Covenant that carried the Ten Commandments.

According to African legend, white lions of God and a two-headed snake guarded the "drum that thunders" in a cave in southwestern Zimbabwe's sacred Dumbwe mountains. Parfitt's theory has sparked fierce reactions from some Zimbabwean scholars, who suspect a plot to superimpose foreign origins on what is purely a product of African culture.

Having long disappeared from public view since its discovery in the 1940s, the artifact is now on display at the Harare Museum of Human Sciences. It is about 45 inches by 24 inches in diameter and 27 inches tall with a pattern of shallow engraving on the outside that could have held gold threads. Scorch marks on the base inside were possibly left by primitive gun powder.

R' Vaya : A Middle position on worms in fish

In a video-taped interview given this past Wednesday night to the Five
Towns Jewish Times, Rabbi Moshe Vaya, clarified his position in regard
to worms in fish. It seems to this author that Rav Vaya holds to a
middle ground position in between those that absolutely forbid
consumption of fish with Anisakis worms and those that permit it
completely. Rav Vaya stated at the end of the video-taped interview
that certainly one should not eat fish that have the Anisakis worm
lechatchilah and stated that this was the position of the Eida Chareidis
in Jerusalem.

In the middle of the interview, Rav Vaya said that the lower section
adjacent to the viscera should be removed for those fish that have the
problem. The reader is encouraged to listen to the tape to hear for
himself or herself. The link is here.
http://www.youtube.com/watch?v=EMtQLb1YmLo&feature=youtube_gdata
<http://www.youtube.com/watch?v=EMtQLb1YmLo&feature=youtube_gdata>

Rav Vaya also stated that if one clearly observed the worm migrate from
the viscera to the flesh then the worm is certainly forbidden. He
stated, however, that one need not be concerned for this.