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debka_notion ([personal profile] debka_notion) wrote2004-03-19 01:09 am

A Strange Halakhic (sort of) Thought

So there's a general principle in halakha (Jewish law) that the law of the land is the law. (Dina d'malchuta dina, I think- I don't know Aramaic, so this is just what I remember a teacher telling me it was in high school. It was Rabbi Eli I think.) So, why do the orthodox/observant (pick the word of your choice) folks drink underage? If they're so stringent about other aspects of the law, why break one that's pretty easy to follow? SOmehow I'd think this would be a more common idea.

Note, this is not intended to be a criticism of anyone in particular- just a thought.

[identity profile] shirei-shibolim.livejournal.com 2004-03-18 10:23 pm (UTC)(link)
Your Aramaic, at least in this case, is impeccable.

As for the Talmudic principle: Yes, it's ignored a fair amount, though I imagine that those who ignore it in that particular way justify themselves by claiming religious exemption. ("I have to make a l'chayim! It's Shabbos.")

Terri gets red in the face whenever she sees young frum people smoking, in defiance of the prohibition against endangering one's own life. I don't blame her.

[identity profile] belu.livejournal.com 2004-03-18 10:50 pm (UTC)(link)
IANAL, but...

The drinking laws are not that black and white. IIRC, there are exceptions of "in private, under parental supervision" and "for religious purposes". I suspect that the drinking you mention here falls under one or both of these exceptions.

[identity profile] fleurdelis28.livejournal.com 2004-03-19 04:29 am (UTC)(link)
My contracts professor, who is not generally on the liberal end of things, blinked when the class mentioned the under-21 rule (obviously this didn't apply to anyone in law school, but it came up in the context of something or other), and said that as far as he heard it only prohibited buying the alcohol, and didn't say anything about whether you drank it. (Do not cite this if the police catch you (you-world, not you-Maya), without having done some research of your own; it is not his field of law and neither is he, or I, under 21. But he may be right.)

That said, I'm almost positive there would be some dorm/undergrad restrictions involved in at least some of these cases. And I think there are also rules about overage drinkers buying specifically for minors.