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Taxation and Dina Demalkota – A Lot of Questions

שו”תCategory: HalachaTaxation and Dina Demalkota – A Lot of Questions
asked 4 years ago

peace!
I have read your words regarding the law of monarchy and paying taxes. As I understand it, the rabbi is based on the fear of monarchy (== the categorical imperative), but precisely because of this he focuses the duty on being a good citizen, as is customary. I would be happy to answer a few questions:

  • What are the limits of overlap? It’s pretty clear that not reporting a one-time job of an hour or two is completely reasonable, and there’s no point in bothering to open a case about it and the like. I think it would be possible to make a provision in the law for situations like this, even if the language of the law dictates otherwise. But if the point is to be like other citizens – roughly speaking, almost all citizens are interested in paying as little tax as possible, even if it’s not according to the law. If it’s possible not to report and not to get caught – they won’t report. If it’s possible to get the contractor in the black, and save the VAT – they’ll pay in the black, etc., etc. In the end, there’s almost no difference between a loyal citizen and a disloyal citizen on this point.

 

  • In many cases, the accepted equilibrium in the market is based on the phenomenon of evasion. If it is a distorted tax that the majority evades part of, its validity depends on the prevailing social reality; if it is a contractor or plumber who all work illegally, and will not survive if they report as required by law to their colleagues who evade? Ultimately, the determination of the law also takes into account existing collection procedures… Is this included in the permissible overlap in your opinion? What are the limits?

 

  • I tried to understand the conduct of Haredi society on this point, which by and large – we have done as it is permitted, and I understood a number of points that apparently have some truth in them – in the words of the poskim there are certain limitations (stable laws from generation to generation; goals of money; land; integrity of the kingdom). It is clear that many of the criteria are not fully met in a modern state, but those who accept the principle, that it is clear that the state needs taxes, will judge the application favorably. Regarding the vast majority of the arguments, it seems that the simple argument, that the State of Israel, and a modern state in general, is no worse than the kingdoms described in the Gemara, for which it is forbidden to smuggle customs duties. What do you think?

 

  • Does the fact that some of the money goes to criminal purposes justify tax evasion as much as possible? I argued to an ultra-Orthodox neighbor that this is similar to a building shared with secular residents, where a regular elevator works on Shabbat, and the religious neighbor will avoid paying his share of the house committee… But I can understand the argument. If someone’s attitude towards the government is evil – even if it collects taxes and distributes rights equally, its war goals are evil (Putin? Nazi regime?), I identify with the conclusion. And here we finally return to the question of the attitude towards the state, if it is evil and we do not want our money to reinforce the conviction, we will come to the conclusion that ‘it is commanded to steal from the state’…

 

  • I think that the payment of taxes can be challenged from another perspective – equality in payment and distribution. Although the Haredi public feels neglected in terms of benefits [this may be the case with regard to direct budgeting, not indirect budgeting in the welfare system], other publics feel that they are being exploited. In fact, it is clear that the highest deciles support everyone else, and with terribly aggressive marginal taxation. Those who pay very high taxes may claim and feel exploited and unequal. Isn’t the authority of the monarchy limited in the face of such a phenomenon? This can be included in a clause that requires an ancient tax and equality before the law, but both are possible in one or another application of the case? If the monarchy imposes a tax of 90% of the GDP, should it be obeyed? Is the Torah credit for the taxation of a secular body essentially infinite?

Sorry for the length, and thank you very much! I look forward to your enlightening words…
 


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0 Answers
מיכי Staff answered 4 years ago
My answer was deleted because you asked this question six times. I will answer again briefly: 1-2. I don’t know how to draw a clear line. My argument is that there is no difference between the halakhic approach and the approach of common sense and natural morality. Whatever you say there, you say here. 3. Completely agree. 4. A halakhic offense is not necessarily wickedness. There are people who do not believe what you believe and therefore act differently. Therefore, one should not compare them to Nazis and Putins (perhaps), etc. Even regarding the invalidation of testimony, there are rabbis who have written that those who desecrate the Sabbath are not disqualified as wicked. 5. Everyone feels deprived. Ultimately, a progressive tax is certainly justified and accepted throughout the world. It is certainly within reasonable limits. The rich get their money with the help of the state and the general public who provide them with services (transportation, communications, workers for their factories, security and police, education and culture, etc.). I have no answer to the question of the exact limit.

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דן replied 4 years ago

1-2 I don't think I presented borderline cases. There is a fundamental question here, is the overlap only for cases where even legal experts would understand that this is reasonable corner-cutting (not giving a babysitter a tip for two hours of work), and between tax evasion on a large scale – but one that is accepted in society. And in practice – there are almost no citizens who feel normatively obligated to pay taxes, and it is a moral offense to evade taxes. So if you accept the expansive definition, you have left no room at all for this prohibition. Do you take a position on this fundamental question?

4. If the state were not wicked in the sense that you presented, but rather believed in secularism Christianity Judaism and worked with all its might to achieve this – wouldn't this fact in itself justify a citizen's renunciation of participation in taxes whose purpose contradicts his faith?

5. Without a precise limit, can one accept the claim that if Meretz comes to power and imposes a 90% tax on the top decile, is there a ‘hamsnuta demalchuta’?

In addition, from a halakhic perspective, is there no place to limit the goals of taxes, between security needs, education, health, and culture, and to distinguish them from welfare? It seems to me that halakhic law has such limitations (although there is an obligation to enforce charity, not as a tax but as a mitzvah). Will any expanding and narrowing model of taxation and government involvement be fully acceptable to halakhic law?

I will add another point – In the world, there is a tax rebellion. A renunciation of power by not paying taxes, as a type of demonstration, with the aim of shaking it off. There is an echo here of ’your nature has not yet come out in the world’. I assume that this situation may be acceptable to you?

Many thanks!

מיכי Staff replied 4 years ago

1-2. Rounding corners that legal experts would approve is not overlapping. Overlapping means acting against the law. In my opinion, what a normative citizen does is usually also halakhically acceptable.
4. No. Because he enjoys the services of this state and must pay. Not every citizen identifies with some of the actions. That is what democracy is for. Do you think that Dina Demalkuta was only said about such gentile kings whose entire actions are done according to Halacha (=the empty set)?
5. It seems so. It depends on the situation and the reasoning.
6. There are no Halacha that deal with taxes. I have written here more than once that these parts of the Shul are not part of Halacha. Beyond that, Halacha definitely enforces charity.
7. Tax rebellion is possible if the circumstances justify it.

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