Chapter 2

“THE LAW OF THE LAND AND JewisH Law”

Opposition or Concurrence?

Walter Jacob

The principle dina demalkhuta dina has and continues to define the major boundary of the halakhah, Orthodox, Reform, or Con­servative, even though it is not often cited and rarely fully dis­cussed. The modern implications of this statement need to be placed into a historic framework, which is one task of this paper. In addition it will seek to define the limits of this principle for us as Reform Jews or, for that matter, for all contemporary Jews out­side the Land of Israel.! Within Israel the concern may be mish­pat hamelekh, an ancient concept that must be rethought.

The struggle between Jewish and alien law is as old as the first occupation of the Land of Israel by a foreign conqueror in 586 B.C.E. We know virtually nothing about the relationship between the inhabitants and the occupying forces then. The law of the conqueror was the ultimate law and the ruler appointed the supreme governor whether Jewish or an outsider. It seems

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Notes for this section begin on page 87.