Here’s an ethical issue and Jewish source response:
Case
Mr. Klein is in a hurry. He was late and frustrated. He circled the block once and could find no place to park. He pulled up to a red (no parking) curb, got out of the car, and told his daughter Shana to follow. Shana told him, “Dad, this is a no-parking area.” He said, “Big deal. If the police come they will give me a $30 ticket. I can afford the ticket. I can’t afford to spend another twenty minutes finding a parking space. We are late.” She said, “But Dad, it is against the law.” He answered, “The law says, ‘If you get caught, you get a ticket.’”
Was Dad right that it was okay to park illegally if you are willing to pay the ticket if you get caught, or is Shana right that you should never break the law?
Answer
[a] In the Talmud, Rabbi Samuel teaches a basic principle, “Dina d’Malkhuta Dina,” the law of the land is the law. This means that unless following the law of your government leads to a violation or Torah law, you have to follow it – just as if it were Torah (Bava Kama 113a, Bava Batra 54b, Nedarim 28a, Gittin 10b).
[b] Most examples in Jewish law that use this principle involve taxes. In the Talmud we are told that you can even take a false oath involving taxes – something that is against Jewish law – but you can only do so if (1) a wicked government is demanding unfair taxes, or (2) (as used to happen) the government sold the right to collect taxes to an individual who was being unfair in what they demanded. Even if taxes are high, if they are fair, they must be honestly paid. (Nedarim 28a)
[c] If a store is breaking the law (by not paying taxes, etc.), you are not allowed to shop there, even if you are getting a good deal. (Rabbi J.B. Soleveitchik, D’var Avraham Vol 1. p.14)
[d] One is not allowed to hide criminals and help them escape punishment if they are guilty (Rashi, Tosefot, and Maharsha to Niddah 61a).
[e] Based on all of these rulings, and using the principle of Dina d’Malkhuta Dina, the father cannot park wherever he wants for three reasons:
- It is breaking the law on purpose – and that is against the principle of Dina d’Malkhuta Dina.
- He is stealing or making life dangerous for others. Meters are designed to make parking fair. No-parking zones are designed to make traffic safe. When you park where you want, you are taking something from someone else.
[f] He is “putting a stumbling block before the blind” by teaching his child that it is ok to break the law when you decide. This means that the child may break other laws based on the father’s example. Based on this example, I can break the government’s laws, my parents’ laws, or God’s laws, as long as I am willing to pay the fine. This destroys all sense of authority and order. Not a good idea.
Joel Grishaver, “You Be the Judge 3”, pgs. 41-43
Used with permission from Joel Grishaver
