On Defying Anti-Torah Government Edicts

On Defying Anti-Torah

Government Edicts

Rabbi Yehoishophot Oliver

Since the Jew’s observance of the civil law stems from Torah alone, if there is ever a conflict between Torah law and civil law, the Jew follows Torah faithfully in all its minutiae and refuses to even consider doing otherwise. Although, as discussed in an earlier article, “The law of the land is [Torah] law,”[1] this only applies to matters such as “merchants’ customs,”[2] international relations, and the like,[3] which stem from the mazal, the constellation, and higher, the guardian angel, of each country.

However,[4] only the Jewish people were sent into exile, but the holy Torah itself was never subjected to exile, for “The Torah will never change.”[5] Hence, non-Jews have no right to issue laws that somehow interfere with the Jews’ observance of the Torah, and Jews need not and should not honor and obey such laws (see also here).


Not only are non-Jews and their legal system unauthorized to override matters of Jewish observance that are a strict obligation or prohibition, they may not even dictate to a Jew how to keep a minhag Yisrael (Jewish custom), or in any way detract from the observance of a minhag Yisrael. The Previous Rebbe made a daring public statement to this effect after he was released from prison and about to be sent into exile. He famously repeated the following timeless words of one of his predecessors:[6]

All the nations on the face of the earth must know that only our bodies have been sent into exile and the servitude of [foreign] rulers, but our souls have not been exiled or enslaved. We must declare openly before all that in all matters relating to our religion, the Torah, the Mitzvos, and Jewish customs, we Jews have no one who can dictate to us, nor may any pressure be brought to bear against us.

In the same vein, the Previous Rebbe once related[7] a powerful story of how the Tzemach Tzedek courageously stood up to the government when it attempted to interfere in Jewish observance:

...In the first session, the Minister of Haskalah instructed the secretary of the conference to present a plan for the curriculum of Jewish children that the minister and his assistants had devised, and he commanded the four who had been summoned—the Rebbe [the Tzemach Tzedek], Reb Itcheleh of Volozhin, Reb Yisrael Halperin, and the scholar, Betzalel Stern, to sign on the plan.

...When the Rebbe [i.e., the Tzemach Tzedek] saw that the situation was dangerous, he stood up and said:

“The government summoned us to hear our opinion, and not to sign on what others have prescribed. I refuse to sign, and resign from my participation in the meeting.”

Lilienthal, who stood next to the Minister, whispered something into his ear, and immediately the minister stood up in anger and said with great fury, “Doesn’t it say that ‘The law of the land is the [Torah] law’?”

The Tzemach Tzedek responded: “‘The law of the land is the [Torah] law’ applies only to monetary matters, such as taxes and property rates. While ‘A Jewish custom is Torah,’[8] and no one has the permission to nullify it.”

 “The custom of women to cover their faces with their hands when they light the Shabbos candles—is that also Torah?” asked the minister.

“Yes,” answered the Tzemach Tzedek, “that too is Torah, as the Talmud Yerushalmi states: ‘The custom of [Jewish] women is Torah.’”[9]

Of course, we have suffered such persecution time and again from various oppressors through the course of history, and in the Jewish calendar, most notably in the time of Chanukah (see here). 

This is of timely relevance in recent months and years, in which the age-old Jewish custom of metzitzah be’peh has come under attack.

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[1] Gittin 10b.
[2] Cf. Mishneh Torah, Laws of Selling, 26:8.
[3] Shulchan Aruch, Choshen Mishpat, 369:18.
[4] Hisva’aduyos 5744, Vol. 2, pp. 612-613.
[5] Ninth of Maimonides’ 13 Principles of Faith. Mishneh Torah, Laws of the Foundations of the Torah, 9:1.
[6] 3 Tammuz, 5627. Printed in Likkutei Dibburim, Vol. 4, 692a-692b..
[7] Likkutei Dibburim (Ivrit), Vol. 3, p. 610.
[8] Menachos 20b, Tosafos, s.v. nifsal. Maharil, cited in Rema on Yoreh Dei’ah, 376:4. See Likkutei Sichos, Vol. 22, p. 56.
[9] Pesachim 4:1.



Dedicated by Menashe Fleisher. Dedicated by Mrs. Rivky Katz and family in memory of Reb Mordechai Meir haKohen z"l ben Chaim Elazar haKohen z"l. May he have aliyas haneshama and be a gutteh better for all of us, especially to "convince Hashem" that we need Moshiach down here, "l'mata m'asara t'fochim," immediately!!!

Dedicated in the merit of a speedy release for the captives Yonasan ben Malka (Jonathan Pollard), Sholom Mordechai Halevi ben Rivka (Sholom Rubashkin), Yaakov Yehuda ben Shaindel (Jacob Ostreicher), and Zeva Rochel bas Chaya (Wendy Weiner Runge).

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Going Beyond the Letter of the Law of the Land

Going Beyond the
Law of the Land

Rabbi Yehoishophot Oliver

Our holy Torah instructs a Jew to be scrupulously honest in his or her business dealings, carefully avoiding the Torah prohibitions of stealing and of violating the law of the land. Moreover, since the Torah’s ways are “ways of pleasantness, and all its paths are peace,”[1] it follows that such conduct will affect one’s environment pleasantly and peacefully.

Moreover, a Jew must set a living example for Jews and non-Jews of proper moral conduct. The Talmud[2] explains:

“You shall love the L–rd your G–d”[3]: The name of Heaven should become beloved through you. One should read Scripture, learn Mishnah, and serve Torah scholars, and his dealings with people should be conducted pleasantly. What do people then say of him? “Fortunate is his father who taught him Torah. Fortunate is his teacher who taught him Torah. Woe unto people who do not learn Torah. This person who learned Torah, see how pleasant are his ways, how refined are his deeds.” Of him Scripture says:[4] “He [G–d] said to me, ‘You are My servant, Israel, through whom I am glorified.’”

Thus, when one deals honestly in business, he sanctifies Hashem’s name in the eyes of all.

Moreover, the Talmud tells of Rabbi Shimon ben Shatach,[5] who, upon finding a jewel hanging from a donkey he had bought from a gentile, returned the jewel to the gentile. His exceptional behavior created an unparalleled sanctification of Hashem’s name.

This teaches us that a Jew should not suffice with adhering scrupulously to the law of the land. Rather, as a Jew, it is proper for him to follow a higher standard than the minimum. He should treat others according to a standard beyond the letter of the civil law, and thereby sanctify Hashem’s name.

This incident occurred during the era of the Sanhedrin, when the Holy Temple stood. Rabbi Shimon ben Shatach had already returned from his exile in Egypt, and was himself a member of the Sanhedrin. Nevertheless, he saw fit to emphasize that one should even sanctify Hashem’s name in the eyes of a member of the nation of Yishma’el. This story also holds a lesson for us, for it is a part of the Torah, which is etymologically related to the word hora’ah, “lesson.”[6]

Moreover, stories have an advantage over other parts of Torah, for it is known that practical Halacha is not derived from the Mishneh and later halachic authorities, but only from an actual halachic ruling.[7] Thus, the very fact that this event occurred means that it serves as a very clear lesson.

In fact, one of the questions that the soul is asked after one’s passing is, “Did you deal faithfully in business?”[8] This implies that even conduct that appears appropriate and just is insufficient; the Torah urges the Jew to act “faithfully” by going above and beyond the law of the land. The importance of such conduct is highlighted by the fact that even after one is no longer able to make amends—after one passes away—one is still asked this question.

Based on the Rebbe’s Hisva’aduyos 5744, Vol. 2, pp. 612-613.

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[1] Mishlei 3:17.
[2] Yoma 86a.
[3] Devarim 6:5.
[4] Yeshayah 49:3.
[5] Talmud Yerushalmi, Bava Metzia 2:5.
[6] Gur Aryeh, Bereshis 1:1, in the name of Radak.
[7] In Jewish law, the involvement of a great sage in an actual incident has greater force than the issuance of a theoretical ruling (see e.g. Shabbos 21a, also Rashi loc. cit.).
[8] Shabbos 105a.

Dedicated on the occasion of the birthdays of Rebbetzin Elka Malka Feldman (13 Iyar) and Shamai Elimelech Cylich (12 Iyar) by their loving parents Pinchos Boruch and Feyge Matl Cylich. May they be blessed with a sh'nas brachah ve'hatzlachah be'gashmiyus u'veruchniyus!

Dedicated in the merit of a speedy release for the captives Yonasan ben Malka (Jonathan Pollard), Alan Gross (Aba Chonah ben Chava Chana), Sholom Mordechai Halevi ben Rivka (Sholom Rubashkin), and Zeva Rochel bas Chaya (Wendy Weiner Runge).



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Like what you read? The articles I write take a lot of time and effort. Please contact me to sponsor an article for (at least) $36 in honor of the birthday, wedding anniversary, or yarhtzeit of a loved one, or for a refuah shleimah or the like. Also, see here concerning the tremendous merit of supporting the dissemination of Chassidus, and the blessings that one receives for doing so.

How to Relate to the Law of the Land

How to Relate to the Law of the Land

Rabbi Yehoishophot Oliver

When Hashem sent the Romans to banish the Jewish people into exile outside the Holy Land, they became the guests of foreign nations. These nations have legal systems that are different from halacha, Torah law, and so residing in these countries means submitting to their laws, just as a guest must follow the house rules. 

Torah itself recognizes civil law and even requires that a Jew abide by it when living in that country, as the Talmud rules: “The law of the land is [Torah] law.”[1] This[2] elevates secular law to a higher standard than it accords for itself, for according to this principle, secular law has divine authority, for by adhering to it, one adheres to a law in the Shulchan Aruch, the Code of Jewish Law. (This is comparable to the Torah’s words concerning a doctor’s instructions: Since the Torah prescribes that in circumstances of poor health one should consult with a doctor and obey his advice, it follows that by fulfilling the doctor’s instructions, one fulfills Torah law.[3])

However, this does not mean that the Jew submits absolutely to the civil law. On the contrary, the Jew’s Master and King is Hashem alone, and at Mount Sinai the Jew took a solemn oath to follow Hashem’s law—halacha.[4] Halacha is the only law that the Jew follows, it permeates every moment and aspect of his life, and he does not submit to any mortal king or ruler.

Yes, a Jew must follow the law of the land, but not in a way that is somehow detached from his absolute subservience to Hashem. His gentile hosts have no inherent power to dictate his behavior. Rather, he follows the law of the land because Torah itself requires that he follow it, as long as it does not contradict Torah, as part of Hashem’s decree that the Jew be in exile. 

On a basic and external level, the reason that Torah requires adherence to the law of the land is that this brings tranquility and peace in society. This is particularly relevant to Jews during their stay in gentile lands, because when gentiles are at peace, their Jewish guests can also live in peace, as the verse puts it, “Through its [the gentile city’s] peace, you [the Jewish people] will have peace.”[5]

Similarly, Torah requires gentiles themselves to follow the law of the land, in the context of their duty to observe the Noahide commandment of dinim, establishing a justice system.[6]

On[7] a deeper level, this is also related to the way that Torah views nature. The reason that the Jewish people need the assistance and hosting of gentiles during the exile, which is accompanied by the Torah obligation to adhere to the law of the land, is that Hashem requires that the Jew follow the natural order. However, this does not mean that the Jewish people are inherently subject to the rule of nature, G–d forbid. On the contrary, since the Jew’s Neshamah stems from supernatural G–dliness, a Jew has the power to control the nature of the world. Rather, the Jews’ dependence on non-Jews stems from Hashem’s desire that the Jewish people follow the natural order during the age of exile. Thus, by doing so, the Jewish people comply with the command and will of Hashem.


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[1] Gittin 10b.
[2] Hisva’aduyos 5744, Vol. 2, pp. 612-613.
[3] Berachos 60a. See Taz, Yoreh Deah, beg. ch. 237.
[4] In the Hebrew, the Jew is “mushba ve'omed mei’Har Sinai” (Shavuos 22b).
[5] Yirmiyahu 29:7.
[6] Gentiles are “obligated to appoint judges ... to dispense judgment concerning these [other] six laws” (Mishneh Torah, Laws of Kings, 9:19). 
[7] Hisva’aduyos 5743, Vol. 1, p. 170-171.

Dedicated in honor of my own birthday, Yehoishophot Yisrael Yehuda Leib ben Chana Feigeh, on 10 Iyar.

Dedicated in the merit of a speedy release for the captives Yonasan ben Malka (Jonathan Pollard), Sholom Mordechai Halevi ben Rivka (Sholom Rubashkin), Yaakov Yehuda ben Shaindel (Jacob Ostreicher), and Zeva Rochel bas Chaya (Wendy Weiner Runge).

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Like what you read? The articles I write take a lot of time and effort. Please contact me to sponsor an article for (at least) $36 in honor of the birthday, wedding anniversary, or yarhtzeit of a loved one, or for a refuah shleimah or the like. Also, see here concerning the tremendous merit of supporting the dissemination of Chassidus, and the blessings that one receives for doing so.