Jurisdiction of foreign country laws
Hello Rabbi,
Do you think that state laws have binding force outside the borders of the state? For example, I saw a section in the Narcotics Ordinance that says this:
Foreign offenses
38. (a) An Israeli citizen or resident of Israel who commits outside Israel an act that, if committed in Israel, would be an offense under this Ordinance – is considered to have committed an offense in Israel.
(b) A person who is not an Israeli citizen or resident of Israel who commits outside Israel an act that, if committed in Israel, would be an offense under the provisions of Section 6 or Section B of Chapter 3, or an offense of possession of a dangerous drug under Section 7 – is considered to have committed an offense in Israel.
(c) A person shall not be prosecuted pursuant to the provisions of subsection (b) if the act was committed in a place subject to the jurisdiction of a foreign state, unless the act is also prohibited by law in the place where the act was committed.
(d) An indictment under this section shall not be filed except on behalf of the Attorney General or with his written consent.
(e) No indictment shall be filed under this section against a person for an act for which he was convicted or acquitted outside Israel.
According to this, does an Israeli citizen who smokes marijuana in a country where it is legal commit an immoral act? (Breaks the laws of his country).
Good question. Ostensibly, the law is not supposed to depend on the territory but on people. Anyone who is a member of a community is bound by its laws, regardless of where they are. It is interesting that in Halacha, Dina Demalkuta is usually based on the king’s ownership of the land, but today I don’t think that is the perception.
On the other hand, I think it is difficult to accept from a democratic perspective an attempt to force behavior on me when I am not on state territory. Such a law may be unconstitutional (in my opinion, even if it passes the High Court of Justice). This is similar to a law that determines what I am allowed or forbidden to do in my home on a personal level. But then we should also discuss the prohibition of smoking drugs in my home in Israel. If the smoker does not become a burden on the public (he is a treatment addict) and does not harm anyone, I think there is no obligation to obey such a law. And indeed, it is not enforced on a private smoker (but rather on a dealer).
What bothered me the most was the law that was passed recently according to which rabbinical courts have jurisdiction over any Jewish couple, even those who are not residents of Israel. They applied this to a French couple who are not Israeli citizens, whose husband refused to give a divorce. When he arrived in Israel, he was arrested to force him to give a divorce. In my opinion, this is absolutely unbelievable on a legal level.
According to your words, isn't the merchant himself committing a moral offense? After all, he doesn't burden the public and doesn't harm anyone.
“When he arrived in Israel, he was arrested to force him to give a divorce.” When he is in Israel, he is bound by the laws of the country (which obligate him to give a divorce if the court rules so). So what is the legal wonder? If he owed money to Yossi, when he arrived in Israel, Yossi could have applied for enforcement in Israel. No?
The wonder is that both he and his wife are French citizens only. The correct analogy is to a French citizen who stole from another French citizen.
More precisely, he fed another French citizen to a pig.
Morality is a more delicate question. There is a fear that the merchant will sell to people who do not have full discretion.
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