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Taxation
#25
1) The Noahide Commandments don't explicitly command the creation of governments. Governments are something that societies naturally set up for themselves, and the Noahide Laws teach some guidelines and standards that governments are obligated to follow, and some do's and don'ts that they are commanded to follow in accordance with the Divine Laws.

2) Once a Gentile government is established, the Torah's Oral Law (received by Moses from G-d at Mount Sinai) grants certain rights and privileges to the ruling power (generically referred to as "the king"). As a matter of convenience and logical association, the precepts associated with this issue are "filed" under the heading of Dinim, even though they don't relate to the essence of Dinim per se, because they relate even less to any of the other six Noahide Commandments. Similar to this, the Oral Torah laws for Gentiles that prohibit cross-breeding of animals are "filed" under the heading of the Noahide Commandment against eating the meat of a living animal, since both issues are related to the more general concept of Torah-based obligations and permissions that relate to mankind's oversight and usage of living creatures.

3) All of the 7 Noahide Commandments, including Dinim, include both "negative" prohibitions and adjunct "positive" obligations. In regard to how these precepts address individual behaviors, the major themes are the acts that individuals are prohibited to engage in, for which they will be liable to punishment. However, the Commandment of Dinim is in a class by itself, because it also involves positive collective obligations upon the society as a whole. For Dinim, both the negative and the positive aspects are indispensable, and it is just a matter of perspective as to which aspect is going to be considered the "essence" of the general, multi-faceted commandment. The Talmud in Tractate Sanhedrin is focusing on the prohibitive aspect, in parallel correspondence with the other six commandments it discusses, and RambaM takes that approach in his explanation of Dinim in Laws of Kings, Chapter 9.

On the other hand, RambaN in his explanations on the Book of Genesis holds out his opinion that the focus is on the positive obligations which the commandment places on the society. Post-Sinai, this question is rather academic, because either way, all of the negative and positive aspects of the commandment apply.

In the book "Sheva Mitzvot HaShem," Vol. 3 (Dinim), by Rabbi Moshe Weiner, the author favors the opinion of RambaN. As he writes in topic 1:6 (free translation):

"The commandment for Dinim includes two general obligations: the positive command to establish justice, and the negative prohibition against perverting justice. The positive command includes many details, among them the appointment of appropriate judges, the establishment of appropriate laws [including civil laws], and the obligation of the courts to judge and admonish the populace.
The negative prohibition includes the perversion of justice in any way, and includes many details, such as the prohibition for a judge to change the correct judgment because of his own wickedness, or because of some reason or bribe; that a witness should not testify falsely; that one may not intimidate a plaintiff, or a witness, or the judges from delivering a correct judgment or to change it in any way. Any such matter constitutes a perversion of justice and a failure to uphold the commandment of Dinim."
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Messages In This Thread
Taxation - by Zulske - 03-08-2012, 01:28 PM
RE: Taxation - by Rabbi Moshe Weiner - 03-09-2012, 04:36 AM
RE: Taxation - by Director Michael - 03-09-2012, 04:42 AM
RE: Taxation - by Zulske - 03-09-2012, 05:47 AM
RE: Taxation - by Director Michael - 03-13-2012, 11:15 AM
RE: Taxation - by Mattityahu ben Noach - 03-15-2012, 04:44 PM
RE: Taxation - by Director Michael - 03-16-2012, 06:44 PM
RE: Taxation - by Zulske - 03-17-2012, 05:04 PM
RE: Taxation - by Director Michael - 03-20-2012, 04:48 PM
RE: Taxation - by amenyahu - 03-28-2013, 01:54 AM
RE: Taxation - by Director Michael - 04-10-2013, 03:18 PM
RE: Taxation - by amenyahu - 04-16-2013, 11:34 PM
RE: Taxation - by Director Michael - 04-17-2013, 06:52 AM
RE: Taxation - by amenyahu - 04-24-2013, 05:08 PM
RE: Taxation - by Director Michael - 04-27-2013, 07:14 AM
RE: Taxation - by amenyahu - 05-03-2013, 11:47 PM
RE: Taxation - by Rabbi Moshe Weiner - 05-08-2013, 03:27 AM
RE: Taxation - by amenyahu - 05-08-2013, 09:27 AM
RE: Taxation - by Director Michael - 05-08-2013, 06:04 PM
RE: Taxation - by amenyahu - 05-10-2013, 10:45 AM
RE: Taxation - by Director Michael - 05-18-2013, 10:11 AM
Dinim: Courts or Government - by amenyahu - 07-08-2013, 09:00 PM
RE: Taxation - by Director Michael - 07-09-2013, 12:08 AM
RE: Taxation - by amenyahu - 07-09-2013, 12:59 AM
RE: Taxation - by Director Michael - 07-10-2013, 03:53 PM
RE: Taxation - by amenyahu - 07-13-2013, 05:53 PM
RE: Taxation - by Director Michael - 07-14-2013, 07:44 PM
RE: Taxation - by amenyahu - 07-14-2013, 09:21 PM
RE: Taxation - by Director Michael - 07-21-2013, 07:04 PM
RE: Taxation - by cheryl - 10-19-2013, 10:15 PM

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