Questions about the Jewish Code of monetary and civil law.

learn more… | top users | synonyms (1)

1
vote
0answers
44 views

Selling fraudulent goods in the Rova

I was walking in the Rova (Jewish Quarter of the Old City) today after Shacharit and I noticed something which I found to be quite disconcerting. There is a Messianic "Jewish" store selling ...
2
votes
1answer
58 views

Jewish Law in Employer/employee relationships

I saw, in an article on "Halachic Considerations of Firing Employees" by Rav Dovid Grossman of The Bais HaVaad Halacha Center: Hagaon Rav Moshe Feinstein Zt"l writes a tremendous chiddush in ...
2
votes
1answer
38 views

What kind of physical damage affects a contracts validity (if any)?

This question had a picture of a Ketuba with some damage to the paper. In Jewish Law, what kind of damage would invalidate a contract? In that Ketuba, for example, the standard text is ripped, but ...
6
votes
1answer
86 views

Are you allowed to fix a raffle?

Schools (or camps) sometimes make raffles for their students. If you "Daven well", you get a ticket to a raffle taking place in the afternoon. Sometimes, for good reasons or not, the school decides ...
1
vote
0answers
59 views

Is there “פה שאסר הוא פה שהתיר” or a “מגו” in American law?

Does anyone know if there is any equivalent or usage of the principle "פה שאסר הוא פה שהתיר" or a "מגו" in American law that could help illustrate the principle? A basic explanation of the principle ...
9
votes
2answers
117 views

Liability for stealing one shoe

Suppose Alice has a pair of shoes, worth $100. Bob steals one of the shoes and destroys it. Setting aside any special penalties, If Bob is caught and found liable, does he have to pay Alice back $50 ...
6
votes
1answer
55 views

Hitting a double-parked car

So a friend of mine showed me a Shulchan Aruch (C.M. 412:1 and 412:2) the other day (which is based on a gemara in Bava Kama). To paraphrase the relevant points of the original text: In 412:1 it ...
6
votes
0answers
59 views

Magazine subscription that doesn't cancel

Many magazines (in the United States, anyway) today find the main profitability is in having higher subscriber numbers to show advertisers and really don't care if the subscriber is paying. The main ...
4
votes
2answers
80 views

What's the difference between נכסי צאן ברזל and נכסי מלוג?

What's the difference between נכסי צאן ברזל and נכסי מלוג? Is there more than one difference. When asking a prior question for what the Hebrew term for "living trust" was i got those two as a response ...
3
votes
2answers
300 views

Do any communities have the non-Jew come get some of his chametz?

There is an established practice to sell one's chametz (leavened products) to a non-Jew over Passover to avoid the biblical prohibition of a Jew owning chametz during the festival. Unfortunately, ...
3
votes
0answers
61 views

Is there Ribis in America?

Rav Moshe Feinstein, z"l, is lenient with regard to allowing the loaning of money to a corporation because he maintains that the prohibition of ribis (usury) only applies where there is a shibud haguf ...
4
votes
1answer
58 views

A “lie” which is not considered a lie because everyone knows it

I remember, when I learned Seder Nezikin, that there are trading situations in which a seller lies to a buyer (e.g. exaggerates the merits of his product), but, this is not considered deception, ...
1
vote
1answer
75 views

Paying for a forbidden service

If one hires someone to do a service that is halachically forbidden, is he obligated/allowed to pay for it, e.g. blei gissen.
6
votes
1answer
52 views

Is there an order in repaying loans?

If Reuven borrowed money from several people, and has enough money to pay back all the loans, just not all at the same time (say, for example, if he has money tied up in real estate or something), are ...
2
votes
1answer
109 views

What are the parameters of the prohibition on mesirah? [duplicate]

In many recent high profile cases, (notably in Australia) people who attempt to report sexual abuse of children to secular authorities have been called mosers and ostracized by certain sections of ...
4
votes
0answers
24 views

Does a seller acquire each coin one at a time, or all at once?

Let's say i owe someone 5 coins. I hand them to him one at a time. Does he acquire each one as i hand it to him, or does he get all of them after all 5 are in his hand? When exactly does ownership get ...
3
votes
0answers
64 views

Trespassing on Public Parks

If a state or federal park is closed, is it against halacha to go there anyway (if you are not damaging the property)? (Thoughts: I would assume it is g'neiva because it is not my property. ...
6
votes
1answer
383 views

Does Judaism ajudicate cases involving mental anguish?

If a non-physical act, such as exposure to viewing something which the current medical field would deem traumatizing, is intentionally perpetrated by one person on another, are there any legal ...
0
votes
1answer
32 views

Repaying debts with micropayments?

I vaguely recall hearing once that our sages do not view with favor, and have a special name for, the situation where a debtor -- presumably one who can afford to repay his debt within the originally ...
4
votes
1answer
114 views

What Have Modern Posqim said about Nuclear Weapons?

I'm looking to find teshuvot from modern posqim that discuss the permissability of possessing and using nuclear weapons.
5
votes
1answer
88 views

What is/are the Halachic standard(s) of proof

This answer suggests a standard of "beyond a shadow of a doubt". That type of term is very popular from an English Law perspective, which has varying standards of "proof". Among them: Probable cause ...
12
votes
2answers
174 views

Being appointed to a jury in a case between two Jews

In the U.S., a person can be appointed as a juror without volunteering for the position. If a person would find themselves appointed as a juror over a monetary dispute between two Jews, how should ...
3
votes
1answer
102 views

May a person with a nature of getting angry be a dayan?

I sit in a beis din with a dayan who gets angry very easily. He can't seem to control his anger, causing great anguish to the litigants, and a big chilul Hashem at times. I have been asked to approach ...
6
votes
0answers
55 views

Is one allowed to bid on a house if he knows another Jew has already made an offer?

This question is related to the halachic concept of ani hamehapech b'charara, or tortious interference, which I happened to just come across in studying Mishnah Peah. If one has been looking at a ...
0
votes
0answers
83 views

Playing music in the car with the windows open

Shmuel is playing music in car. He decides to crank up the volume and opens his windows so that rest of society can hear the music. Is this forbidden, halachically? Even if it is permitted, is there ...
4
votes
2answers
206 views

When Eidim Zomemim are found guilty who do they pay if it was a monetary case?

When Eidim Zomemim are found guilty who do they pay if it was a monetary case? I can think of reasons to say it's the initial accused, the court, or the person who was said to have been owed the ...
6
votes
1answer
387 views

What are the chief sources for requiring Jews to litigate in a beis din rather than in a civil court?

If I were to try to disuade a Jew from suing another Jew in court, without first going to a beis din, what Biblical and rabbinic sources should I cite as proof?
10
votes
1answer
152 views

Using someone else's employee discount

Let's say my good friend Bob is an employee at Frank's Store of Stuff You'd Never Pay Full Price For. He gets an employee discount for his purchases there. Can Bob buy stuff and then sell it to me, ...
2
votes
0answers
68 views

Contract Law and Intentions

If two parties write a contract with two clauses A and B, such that if the conditions of the first clause A, are not fulfilled then the contract defaults to the second clause B, and both parties have ...
6
votes
1answer
193 views

Can a court declare a minor's lulav ownerless? Has one?

Shulchan Aruch, Orach Chayim 658:6, says that one should not give his lulav to a minor as a gift, as the minor cannot give it back to him. (Minors cannot give anyone legal ownership in anything.) ...
11
votes
1answer
216 views

Intentionally using a grace period on a rental

I recently rented a bike for a few hours, and the person in charge of the rental told us that we have "X number of hours, and a 15 minute grace period," followed by the warning that if we don't return ...
9
votes
2answers
111 views

Threatening to sue with no intention to do so

Let's say that a person is rightfully owed a sum of money, and the debtor refuses to pay them. Can they threaten to take the person to Beis Din or a secular court, even if they have no intention of ...
3
votes
0answers
40 views

Can a Shul collect payment from one who does not follow specific rules?

In Sources to encourage returning s'farim to their places it has a picture of a sign saying that usage of seforim is on condition that one obligates himself to pay $18 to the synagogue fund if ...
11
votes
2answers
146 views

Liability of substitute

If someone has an appointment, and arranges for a babysitter to come to watch his/her children while he/she goes to the appointment, and the babysitter doesn't show up, so the parent misses the ...
4
votes
1answer
61 views

Buying from Hasogas Gevul

If someone has a shop that the Rabanim say is hasogas gevul, but he refuses to close it, is it just a problem for the seller or is it also a problem for buying from there?
3
votes
0answers
51 views

Return item at supermarket (consumer's fault?)

Say I buy a food item at a supermarket and later discover it was opened. I then am unsure whether I opened it or not. Is one allowed to return it if there is doubt (one is not completely sure) that ...
3
votes
2answers
141 views

Cashier error - is it my responsibility to go back?

If a non- Jewish cashier forgot to scan an item, do I have to go back and make sure they charge me for it?
5
votes
1answer
96 views

How does Jewish Law look upon the concept of Abgefeimt?

Abgefeimt, trying to find a good example, would be like a person who legally engages in something that really sort of underhanded and fraudulent. How does Jewish Law look upon the concept of ...
4
votes
0answers
66 views

Liability for bed bugs

If one tenant in an apartment brings in bed-bugs (and that can be proven), and they spread throughout the building, and the other tenants have to vacate their apartments to be fumigated, or whatever ...
2
votes
0answers
66 views

When someone places a flyer on your car windshield without your permission, is s/he Masig G'vul?

On several occasions, a Jewish boy has placed a flyer about some neighborhood business or tzedaka foundation on my car windshield. Since I don't want the flyer there, is s/he "Masig G'vul" (losely ...
3
votes
1answer
42 views

Is a deceased obligated to pay financial debts

Say someone becomes niftar and owes a petty sum (under 100 currency units) is his next-of-kin chayav to pay his debts under halachah?
2
votes
0answers
106 views

Unethical landlord

Ownership of an apartment building changed hands, and the landlord for the new owner is demanding unusually high additional monthly payments from preexisting tenants for parking privileges that are ...
10
votes
1answer
129 views

How do you “take someone to beis din”?

Reuvain and Shimon are having a monetary dispute. Reuvain wants to take Shimon to beis din to settle the dispute, how does this work in practical terms? Does Reuvain have to tell Shimon first? Can he ...
3
votes
3answers
144 views

Are “Price-Tag” Attacks halachically sound?

Certain fringe elements* in Israel are known for committing crimes in reaction to Palestinian attacks. This attacks have in the past included the destruction of Palestinian-owned olive groves and ...
6
votes
0answers
69 views

Status of Paper Money as Currency

According to this question, Maasar Sheni cannot be redeemed using paper money. That certainly seems to be the common assumption, but is that discussed anywhere? Is paper money the same as banknotes, ...
9
votes
1answer
151 views

Is a check considered cash

If one paid someone with a check, and the recipient lost the check, does the giver have to write up a new check? One can say its like cash and if he lost then its not my problem, or one can say if I ...
2
votes
3answers
149 views

Why does a convert own his property?

It seems to be accepted that a non-Jew who converts owns his property that he owned as a non-Jew, and this is the simple reading of several Mishnayos (See Peah 4:6 for example). However, there is a ...
8
votes
2answers
118 views

In Moses' time, would freeing a slave be harmful to the slave?

Exodus 21:26 is about letting a (Canaanite - Rashi) slave go free if they are injured by their owner. This appears to be a good thing, but I'm also wondering if it would be detrimental to a slave to ...
4
votes
1answer
142 views

What to do with stolen objects which are impossible to return?

If an object was stolen in one's childhood or teenage years, without knowledge of the laws regarding stealing (or not caring), if this object is impossible to return, either because the person has ...
2
votes
0answers
73 views

Substituting security deposit for final month's rent

A friend of mine who practices law gave me the following advice: Do not pay your final month's rent. Instead, tell your landlord to keep the security deposit as your last month's rent. That way, if ...