Q&A: Loophole in the Law — Theft?
Loophole in the Law — Theft?
Question
Hello. A question in Jewish law: is exploiting a loophole in the law considered theft? We’re talking about a situation where, according to the dry letter of the law, it is not an offense, but it is certainly against the intent of the law’s legislator and something he would not be pleased with. It is certainly a kind of cunning.
Answer
No. None of us owes anything to the legislator. We are obligated to the law.
Discussion on Answer
A scoundrel within the permission of the Torah is not relevant here. There are things that are in the spirit of the Torah, and one should do them or avoid them because they too are God’s will.
Clearly, something immoral is forbidden to do, but that is not because it is in the spirit of the law; it is because it is immoral. Our discussion is about an obligation by force of the law and not by force of morality, which is not written into the law.
In law, unlike the Torah, there is no obligation to do the legislator’s will. One should behave honestly, and that’s it. Whatever the law does not require, one is not required to do. Whoever wants to contribute beyond that from his own resources—more power to him, but if someone does not do so, there is no problem with that.
By the way, there are court rulings about tax planning (relying on loopholes in the law) that say this is completely legitimate.
Questions about loopholes in the law are not related to morality but to the legislator’s intent.
So what about being a scoundrel within the permission of the Torah?