Walter Jacob
Orthodox Judaism
As the Ashkenazic tradition was dominant in the countries of the West, its attitude of resistance rather than accommodation was the path chosen by the Orthodox community. The statements limiting dina demalkhuta dina of previous ages were quoted with little added to them. This naturally led to a clash between rabbinic pronouncements and the realities of communal life. Accommodations were made by some, as for example David Hoffmann, especially in matters relating to the laws on public school attendance on shabbat. Many other issues also had to be faced especially those connected with business relationships with non-Jews.?! In a sense Samson Raphael Hirsch accepted some accomodation through his philosophy of torah im derekh ereetz, but its practical application was limited. Although Orthodox rabbis lamented the general use of secular courts and the many other areas in which they were no longer consulted, they rarely tried to place dina demlakhuta dina into a new framework and did their best to enforce an acceptance of early limits.
Conclusion
If we take a retrospective view of dina demalkhuta dina we must see it as the natural result of living as a minority, large or small, in many lands and civilizations. Without it we would not have survived or been able to function. As long as the Jewish corporate existence was recognized alongside other corporate bodies, there were large areas in which the secular authorities did not wish to enter. This changed with the advent of the modern state and Judaism changed, without a murmur. Except in the matter of divorce we have not moved further than the rest of Judaism .
The Orthodox community has also almost totally abandoned the codes of civil law, considered divine. A bet din may arbitrate and the civil authorities, naturally, do not care if a dispute is settled amicably through other means, but it is rarely used. In fact it is so rare that it makes the newspaper headlines when utilized outside the tight-knit New York traditional communities.
It is ironic that Judaism , which is so free and far removed from persecution and even prejudice, finds itself almost com” pletely subject to the state. Although free, it is more controlled
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