Dinai Da'malcotai Diai: Not Just Minhag, but Halachah.

One of the blogs I've taken to reading lately is one where the comment section is quite possibly more entertaining than the blog itself. The writer takes the time to post about what she sees as issues within the Jewish community in her area and basically, people come and comment (generally anonymously, which I think says something) calling her yidishkite, parenting skills, and overall humanity into question.

(Basically, the counterargument to my post yesterday, now that I think of it. I mean the commentators, not the blog. The blog is very well done. I don't always agree with it, but it is very well done.)

Recently she posted about a tragedy where the building of a Mikveh within a private house resulted in an explosion/fire that cost the life of one of the workmen. She was struck by the notation in the article (which I am not linking to, as it contains names) that there was no building permit. She makes what I feel is a slight logical leap, which is that the owner of the home was at fault for this. I think it's very possible that the contractors could be the ones who failed to get a permit. That said, it's still tragic either way and I am sure the responsible party or parties feel terrible, whoever they are.

The reason I bring all this up?

Because in the comment section the topic of DiNai D'Malcotai Dinai. This is, quite obviously, a complex and difficult concept that little ol' layman me should probably stay away from.

However, I've never been accused of having too much common sense.

I'd like to pass on a lesson from my own father. It was an early weekday morning and we were walking to shul. There was no traffic at all. I began to cross, despite the light being red. My father stopped me. Why?

Because, he said, it was assur to cross against the light. Even though we would be late for shul.

I remember being dumfounded. He told me that his rebbe, Rav Aaron Solovetchik Z'l, had told him (essentially) that even if a law is not enforced, it is still the law. Since we are supposed to keep the law when it is not in conflict with the Torah, then we cannot cross against the light. To do so would be a violation of DiNai D'Malcotai Dinai.

(I'd like to pause for a moment to point out that this was a psak given to my father, and may not apply to all cases and all people. However, that is how my father holds and I personally hold. Your mileage may vary)

It's really a fascinating psak. Especially when you think about the laws we might casually break all the time. Who hasn't jaywalked in Manhattan? Do you know anyone who has never never double-parked? Let's not even talk about old laws still on the books (like not smoking near a doorway, an old NY law). Are we over issurim for doing so? Remember, the Torah forbids acts, not getting caught. Should not DiNai D'Malcotai Dinai work the same way?

Let me expand on this with a statement:

I'm not perfect. I sometimes cross against the light. People around me do too, which makes it easier.

Let's change a few words�

I'm not perfect. I sometimes do averot. People around me do too, which makes it easier.

I humbly put to my readers (both of you), that even if simple, everyday laws do not fall under the purview of DiNai D'Malcotai Dinai, if we only obey secular laws out of fear of getting caught, it will open the door to only not doing Aveyrot for fear of not getting caught.

Just a thought. I could be wrong.