“The law of the land is the law”. This fundamental principle of law obligates Jews to be loyal citizens of whatever country they may reside. It is so important that in most circumstances of conflict between Torah and secular law it is secular law that takes precedence. So while Jewish law may not convict based on circumstantial evidence alone, one could technically serve as a crown prosecutor and gain conviction against Jews based on such evidence. Similarly while Torah law demands that many workers be paid on a daily basis a Jewish employer in Canada would not be expected to follow this unconventional practice. What is truly amazing is that this law was formulated and developed when Jews lived under repressive regimes that knew of no concept of democratic rights and principles. Taxes had to be paid even if the King would spend the monies for personal enrichment. Thus the importance of abiding by all civil/criminal laws is much greater in the wonderful, freedom loving countries in which most Jews reside. Only if the laws are clearly discriminatory – for example taxes directed at Jews only or for those with red hair for that matter- could one attempt to ignore the “law”.
Nevertheless Canadian law must not serve as replacement for Jewish law. Civil disputes between Jews must be brought before a competent Beit-din (court of Jewish law) for resolution, a resolution that must take into account the relevant secular law. To do otherwise would send a message that Jewish law is incapable of dealing with issues of the modern day economy; that Judaism is basically a series of religious rituals divorced from real world issues. Such an approach is a distortion of all that we believe - that Judaism is living way of life that can intelligently confront (though not necessarily solve) all that life has to offer – that improperly going to a secular court would serve as grounds for ex-communication.
Living in Canada we can not force one to appear before a beit din and facing such refusal the Jewish courts would recommend that one pursue justice in a secular court. Unfortunately this is an area where much work still remains. Our communal efforts have gone into education, outreach, social services and we have not yet created the proper infrastructure for a fully functioning beit – din system. Changing this reality will serve as a sanctification of Torah.
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