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Thought for the Day: The Law of the Land is the Law --- But the Ordinances... Not So Much

There is a well known dictum in Jewish law -- דינא דמלכותא דינא/the law of the land is the law. According to Shmuel this is a Torah directive; but everyone agrees that at the very least, דינא דמלכותא דינא. There are two important caveats, though:

  1. It cannot be a law that contradicts halacha. (Yes, I know that is a bit circular, since I just said that  דינא דמלכותא דינא is halacha. Don't make me come over there and slap you; you know what I mean.)
  2. It has to make sense; not something arbitrary, like eating fish on Friday.

The implications are enormous -- it means that if the land has a rule that makes sense and is not otherwise covered by halacha (there; happy?), then violating that law becomes a violation of halacha; perhaps even a Torah violation. For example: the law of the land (in the US) is that you much drive on the right hand side of the road. Another one: while driving a motor vehicle, you must stop before the intersection when the signal is red, and you may not proceed through the intersection until the light turns green. If you violate those laws, besides risking a hefty fine, besides risking having your license suspended or revoked, besides risking jail time... you are also risking violating a Torah prohibition. Wow.

What about speeding when there is very little traffic in good weather? What about a right turn on red at 4:35 AM on your way to vasikin? What about walking across the street at 4:46 AM when it is freezing cold and light is red/in the middle of the street? What about that, eh? On the one hand, the streets and sidewalks are a public resource, the construction and maintenance of which is funded by our tax dollars as apportioned by our duly elected and appointed government officials -- the land has every right to make "rules of the road"; and we all explicitly or implicitly accept them. On the other hand... does anyone really care if I cross against a red light at 4:46 AM to vasikin?

Clearly those rules do not contradict halacha and they make sense. Doesn't that mean that דינא דמלכותא דינא kicks in; and He is always watching and always cares. It is forbidden to wear shatnez whether or not anyone is looking or cares. Halacha is halacha.

So I posed this question to R' Dovid Siegel, shlita. I asked this way: "From what I know about דינא דמלכותא דינא, it would seem to me that crossing the street against a red light and exceeding the speed limit at any time of day should be halachically forbidden, yet I see many talmidei chachamim doing just that. What am I missing?"

R' Siegel, shlita, answered in classic form: The rule is דינא דמלכותא דינא, not הוראה דמלכותא הוראה. Meaning, as I clarified in further discussion: Because of what we said about roads above and because of the potential for danger, the land requires a license to be allowed to operate a motor vehicle on the public roads. Anything that could involve losing that license is דין. Something, on the other hand, that could only result in a fine is הוראה. I am intentionally being a bit vague and using my only examples... and practical application would require discussion with one's rav, obviously. But the principle is clear. In fact, I remembered then once having a conversation with a police officer about speeding: When there is bad driving conditions, a person can get a ticket -- and even risk losing his license and even jail time -- even if he is driving well withing the speed limit. Not a speeding ticket, but a reckless driving ticket. The speed limit is usually הוראה, but when the driver is potentially endangering people and property, he slips into reckless driving territory -- that's דין. 

Once your actions cross that line to violating דין, they also cross that line to violating halacha.

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