Dina de-malchuta dina

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Dina de-malchuta dina : The Basic Law for the Federal Republic of Germany is binding for Jews living in Germany .

Dina de-malchuta dina ( Aramaic דִּינָא דְּמַלְכוּתָא דִּינָא "The law of kingship / empire / land is law") is a Talmudic principle. It was established by the Babylonian scholar Samuel in negotiations with the Sassanid ruler Shapur I in the 3rd century AD and has retained its validity in the Jewish diaspora to this day. It stipulates that Jews are fundamentally obliged to respect and obey the laws of the country in which they live. This also means that in certain cases the national laws are even preferable to the legal principles of the Halacha , similar to the conflict of laws . Such cases occurred in late antiquity and in the Middle Ages primarily in questions of civil , tax and financial law .

The concept is quoted in four different places in the Talmud: Nedarim 28a , Gittin 10b , Baba Kama 113a and Baba Batra 54b / 55a . It was interpreted differently by the respective Poskim , especially in the Middle Ages, depending on personal experience and real life.

As biblical sources for this principle are mentioned in responses from the epoch of the Geonim Neh 9,37  EU and Jer 29,7  EU . The passage in the book of Nehemiah expresses that it is God's will that Jews obey the laws of gentile rulers. The position at Jeremiah encourages the Jews in exile in Babylon to strive for the welfare of the city to which they were taken, to conform to local customs and to obey local rules.

In the 16th century, this principle was deliberately flexibly formulated in the fourth part of Josef Karo's collection of laws, Schulchan Aruch (Choschen Mischpat 369, 8-10), in order to allow various possible interpretations. This led to the fact that Dina de-malchuta dina could always be adapted to new laws and situations, while at the same time the scope of application expanded more and more and finally included practically all private law .

Individual evidence

  1. ↑ Menachem Lorberbaum et al., Ed .: The Jewish Political Tradition: Volume 1 - Authority. New Haven: Yale University Press, 2000, pp. 433-434.

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