Crossing at a red light
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Living The Halachic Process
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Part 1
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Rabbi Daniel Mann
Is a pedestrian halachically forbidden to cross at a red light when it is safe to do so?
Although we will discuss halachic elements of this question, we hope that the general merits of following this and other civil laws are sufficient to refrain from crossing at red lights (under normal circumstances). Although we will discuss the situation in Israel, the bottom line is much the same in any country. We will deal with the issues one by one:
Dina d’malchuta (the law of the land): According to most authorities, dina d’malchuta is binding not only in the Diaspora, but also in Eretz Yisrael.[1] This is certainly the case regarding laws enacted for public welfare, not in order to enrich the king.[2] (We are of the conviction that the Israeli government has a halachic status of malchut (kingdom).)[3] There is a halachic dispute whether dina d’malchuta pertains only to matters related to the king’s interests or extends even to relationships between individual people. However, the reason of those who limit the king’s authority is concern that expanded authority would undermine the role of Torah law in many areas.[4] It certainly is not a threat to Torah authority if the government sets regulations for crossing public streets. Therefore, traffic rules are binding. Secondly, in our times, the government pays, directly and/or indirectly, for much of the expense of accidents (medical, disability, etc.) and it is, therefore, an interested party. It is true that most of the laws of dina d’malchuta discuss monetary payment. Yet, it is illogical to argue that, although the government may levy fines, the Torah allows us to violate regulations and to take our chances. If the Torah recognizes the government’s authority in these matters, then we are bound by the Torah to accept the authority, not to rebel against it. However, there is probably a difference between a regular Torah law and the authority the Torah grants governments, in the following case. If the government would not object were one to violate one of its rules in a specific circumstance where the rule was clearly not intended to apply, then it is permitted to do so. However, this concept should be used sparingly. (After all, in most cases, a pedestrian who deemed it safe to cross at a red light would not do so while being observed by a police officer.)
Endangering one’s life: In recent years, one third of traffic fatalities were pedestrians. One must assume that many of them could have been spared had they been careful and followed rules they deemed unnecessary. Nevertheless, it is hard to disqualify a responsible person from judging when it is safe to cross a street. (Let us caution that we have observed that one’s ability to cross streets carefully is significantly impaired while speaking on cell phones.) Additionally, there is a concept of dashu ba rabim, that it is permitted to enter a situation of potential danger that people regularly ignore.[5]
Chillul HaShem (desecrating HaShem’s Name): One should learn the gemara in Yoma 86a well. It not only stresses chillul HaShem’s severity but also the fact that the more one represents the Torah, the stricter are its parameters. We have heard people comment that religious people are more likely to ignore traffic regulations. Although such generalizations are objectionable, so are actions which encourage such claims to be made.
Example for children: When children, including our own, observe adults ignoring the rules of the road, they learn to follow suit, often with tragic consequences.
Contributing to an atmosphere: We are not individually to blame for the atmosphere of disregard for laws, manners, and the value of human life on our streets, nor can we improve it significantly alone. However, since a whole is made up of many parts, each of us is obligated to do his share to push things in the right direction. When pedestrians disregard their rules, motorists are less likely to act courteously or even safely at crosswalks and intersections.
After honestly considering the various factors, we hope that all will agree that it is wrong to cross at red lights. If it that is not enough, we add that it is also halachically forbidden.