By Rabbi Yair Hoffman
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It is something that perhaps every resident of New York City and the surrounding area has experienced. You park on a public street and you do not have your wallet or credit card to put in those new meters. Or you are parking next to an old meter and do not have a quarter. You decide to take care of your business without putting money in the meter — a risky venture – true.
The question is, however, is this act a violation of halacha?
The Torah tells us not to steal. Does parking at a meter without paying for it constitute halachic theft? If so, who are we stealing from? Do citizens have a right to the free use of streets? If not paying for a meter is not considered theft, what then is its legal status?
The Gaon Rabbi Zalman, author of the Rav Shulchan Aruch (Laws of Hefker and Hasagas Gvul paragraphs 2 and 3) writes that although all natural resources started off as free — once they belong to a kingdom or country they belong to it. The laws of that country then are to be considered as law.
Thus, the GraZ writes, if hunting or fishing are prohibited, one who does so against the law is in violation of stealing. It seems clear that all public rivers, lands, and streets are, in fact, the property of the government.
The VaYatzav Avrohom (Siman 178, a Posek in Bnei Brak, Israel) writes that regarding traffic fines and parking fees, it seems that it is the municipality, however, which is the authorized body that can collect these fees. They are appointed to this position by the government. He cites the Talmudic debate found in Bava Kamma 113a as to the legal status of avoiding a fine levied by a municipality.
Before one expounds upon the actual halacha, however, it is important to discuss two important and fundamental concepts in Yiddishkeit.
The first idea is to be able to differentiate between two areas of halacha. There is the area of “Lifnim Mishuras HaDin” — going above and beyond the letter of the law, and the actual halacha — the strict letter of the law. It is not so well known, but Jews are obligated to go beyond the letter of the law in their observance of Mitzvos. The Talmud (Bava Metziah 16b) says that the verse in Dvarim, “And you shall do what is just and good” is an admonition to go beyond the letter of the law.
One might, of course, ask — if indeed there is such an obligation, why then is it beyond the letter of the law? It becomes the actual law in such a case! The answer that one of my Rebbeim Rav Dovid Kviat zt”l provided to me once is that we are not always obligated to go beyond the letter of the law in every circumstance. There is just a general obligation to go beyond the letter of the law when and if we feel we can — but it is not a constant obligation.
The second concept is to know that halacha must really be understood as a minimal code of conduct — rather than as an absolute moral code. Something could be permitted, technically, but it is not necessarily the right thing to do. Many people call this notion “the Fifth Shulchan Aruch,” while others see it as the Torah’s way of encouraging moral growth.
In other words, if the entire scope of our moral and ethical development was entirely dealt with within the rubric of the four sections of Shulchan Aruch alone — then where would the struggles toward ethical and moral perfection and Dveikus Bashem fully lay? In order to fulfill uvacharta baChaim — there must also be the element of choice — one that lies beyond the minimum of halachic observance.
We now go on to the law of the parking meter.
It is the halachic conclusion of the Remah in Shulchan Aruch (as seen in SA CM 389:6) that avoiding the possible incurrence of a fee levied by a party or agency that is not directly the government is not an actual violation of theft, but rather to be considered “avoidance of an indebiture” which, although may not be a moral thing to do — does not qualify as actual theft. The Vilna Gaon in note 23 cites the RaN in ruling even more leniently than the Remah.
Plugging it back into our case, one is not considered a thief if one does not put the money into the meter. The actual morality of doing so, however, may be questionable. It also may not be the smartest idea on account of the hefty fines associated with such risky behavior as well.
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Odd shift at the end. The question is about parking meters, most of which are placed by city government. You then cite the Remah that ” a party or agency that is not directly the government is not an actual violation of theft” and end by stating that it is not theft but possibly immoral.
Is ripping us off with Income taxes ,RE taxes ,Sales tax, Gasoline tax ,Violations , & Tickets called Gezel !!!!!
My Ruv paskened differently. He said a govt can only force you to pay when they own & control whatever it is & if so, you are obligated to pay. However, parking meters & other govt rules do not apply in an area with a community Eruv. His reason is this area is Halachickly owned by Jews & not the govt.
This only works if you refuse all govt services. For example, calling 911 for a fire or crime. Using the govt to pickup & dispose of your garbage, etc. (Roads are different as they are a public way open to all & therefore if the municipality chooses to plow the streets it’s Muttar to benefit from it.
There is a corrupt system in place in that you pay for time even if you don’t use it. Now that there is an app, they easily could have allowed one to cancel their time when they pull out of the space. Other countries have systems in place that allow for this. Moreover, other cities let you pay for your time in 5 minute increments. This system is set up to double and triple charge. I know this doesn’t change the Din, but it tells me the system is set up as a “cat & mouse game”.
What about private parking meters, which are not owned or controlled by the government, but by a private business. They still employ parking agents who will ticket such cars for an expired meter. For example, in most cities, the parking by meters is not enforced on federal holidays. However, if the meter is owned by a private business, they make their own rules, and do not necessarily respect federal holidays, pertaining to waiving parking rules by a meter.
Dina dmalchusa becomes halachically easier to ignore if the rules are applied differently to Jews.
For instance if traffic enforcement is much higher in a Jewish neighborhood bc they have the money to pay the fines.
During covid, NY had relief programs that were specific to minorities, Jews need not apply (I tried) If the playing field isn’t level I feel no qualms about not reporting every cash purchase.