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Question
rav morgernstern vs ovadia truth
Hi, I’m having a very difficult time making my next decision, I would appreciate advice or input.
I’m in Israel on a student visa. I need to begin making money soon.
I don’t know if I should go on a work visa, to get a job and make money
or if I should make Aliyah officially, and accept the money I would recieve from the Government, and then go on to work anyway, as either way I would need to become self sustaining.
Some people that specifically say to not sign up to the government and actually resist and say this government isn’t really official that it can rule over us in Israel
I really need to get to the bottom of this.. I am scared to do the wrong thing in the eyes of heaven and be judged..
However these authorities and people say it, they are essentially saying that we don’t have to keep the law of this land in Israel specifically,, and their reasons are some of as follows:
1. Local law is Torah law, in the Talmud doesn’t apply as it’s usually in reference to a Non Jewish king or government.
2. According to Tosofot it only applies where the king owns the country, has the authority to expel any citizen and does not apply to a Jewish king who doesnt have the authority to expel since the land belongs to all jews equally by inheritence
Therefore a Jew in Israel who evades taxes does not go against the prohibition of do not steal-
yet we have clearly Rebbe Yehuda Hasnasi saying don-t evade taxes pesachim 112b
3. According to Rashba, someone also does not need to pay taxes when the judges have authority to judge according to their interpretation of the law, and since Israel State is corrupt in many civil rights areas, such as non equal funding for education in all sectors of society, this also is a reason to be ok with not paying taxes.
Moreover the Israel judges are not democratically elected and intervene in many legislative matters on their own undertaking and they rule systematically against torah law.
Therefore a Jew is not obliged to give such a wicked regime more authority and power.
Yet the money is also used to protect Israel’s secuirity, build hospitals, provide welfare to the needy, therefore there is a slight mitzvah involed when contributing to the Israeli Treasury, allthough a large portion of funds it collects is for other purpoises
4.
5. Rav Moshe Feinstein says Local law is Torah law is an undefined area of Halacha and not clarified in the works of Halachic authorities.
6.
Bet Yosef rules this doenst apply to matters between man and man and have no relation to the government (yet if someone charged cash in hand for a job, they are meant to declare tax, how do I rectify these statements)
I also question, are we allowed to walk through a red light when no one is meant to cross according to Local Law
7.
Yet according to Rav Ovadia Yosef and Yaskil Avdi, people are obliged to pay all taxes in Israel, and I believe he was heavenly Beit Din. so it’s a pretty big statement from Rav Ovadia.
The law of the land is the law, regardless if it’s a “wicked” government. As Rav Ovadia Yosef I think write’s, the law of the land is the law, must pay taxes, even if wicked government. Torah scholars excluded from paying taxes.
8.
According to rambam and meiri, a person who evades taxes is strealing from king whether jewish or not jewish.
Gittin 66b - saying jews must be subjugated to foreign power when heaven decrees it, is this only non jew’s or even our own government?
Is all of this only in relation to a King? we have no king now.
what is this thing about merits, or it being improper by supporting the government.
giving merit’s to the government and spiritual power by signing up to them?
I just want to make the right decision, we are in the time leading up to Moshiach, this is probably the last government before the big change anyway
Please help me with any advice possible.
Thank you -
Gavriel
Answer
Shalom, in the concise scope of this framework, we must get right to the point. The bottom line as delineated and accepted by all from the Shulchan Aruch (Choshen Mishpat 369, 6) is that "dina d'malchuta dina" applies everywhere, and one must follow the rules of every country, including in the Land of Israel, where the democracy expresses the will of the people. In general, one must be very careful to differentiate between slanted anti-Zionist ranting which cite individual opinions which contradict the Shulchan Aruch, and the simple and obvious halacha which obligates us all. There cannot be a country without law, which would obviously bring havoc. Allow me to admire your idealism to make Aliya, for it's a great mitzvah which chazal "equate with the rest of the mitzvot", to live in the Land of Israel and place your lot with the future of Am Yisrael! For more on the topic see: https://www.yeshiva.co/midrash/10931






