Questions about the Jewish Code of monetary and civil law.

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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 ...
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0answers
34 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: Which entity owns the park? Is a law binding if many people don't ...
6
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1answer
363 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 ...
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1answer
27 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
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1answer
71 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
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1answer
71 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 ...
11
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1answer
98 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
93 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
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0answers
37 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 ...
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0answers
72 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
195 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
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1answer
366 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
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1answer
90 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
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0answers
58 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
185 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.) ...
9
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0answers
146 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
105 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
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0answers
34 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 ...
7
votes
1answer
84 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
54 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
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0answers
45 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
109 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
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1answer
83 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 ...
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0answers
61 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
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0answers
57 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
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1answer
34 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?
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96 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 ...
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1answer
95 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
135 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
64 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
75 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 ...
0
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0answers
28 views

Does kam dino only apply to karka?

In talmud there is a rule known as kam dino meaning that if judgement A has been rendered we do not take into consideration the logic behind judgement A when adjudicating judgement B. I would like to ...
2
votes
3answers
137 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 ...
6
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1answer
96 views

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

Exodus 21:26 is about letting a 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 be freed when they ...
4
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1answer
107 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
68 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 ...
2
votes
1answer
168 views

Anti-libertarian-ism in Chazal

Most of the halachos of Choshen Mishpat have to do with one person's responsibilities viz-a-viz another person's rights. However, there is at least one halacha of which I am aware where Chazal told ...
7
votes
1answer
224 views

Riches found in a purchased item. Return or keep it?

A young rabbi reportedly found nearly $100,000 in a desk he'd purchased second-hand on Craigslist, and subsequently returned the money. Is this story about a Kiddush HaShem, or a Hassid Shoteh ...
5
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0answers
49 views

responsibility for passing on a virus (medical)

Would one be obligated to pay any of the five types of damages paid upon wounding someone, if they were to infect that someone with a viral/bacterial disease, whether through: Peshia (negligence)? ...
3
votes
0answers
46 views

May an employer dismiss an employee to pressure him in a non–work-related matter

Without discussing whether the particular case currently in the news actually qualifies as the situation I’m describing, consider the following case: In his private life, an employee of mine is ...
1
vote
1answer
96 views

Does one require a non-Jew to use beit din

Often, Jewish organizations have as a contract clause that employees agree to take issues to beit din and not (or at least, before) secular courts. But if the employee is not Jewish, is that ...
3
votes
1answer
36 views

How is ona'a determined?

Partially inspired by this question I would like to know exactly how ona'a (over/underchanging by more than 1/6th) is determined. For example tap water is free and in many parts of the united states ...
7
votes
1answer
99 views

Do we account for Sentimental Value?

Suppose Reuven steals a rare picture of Shimon's great grandfather from Shimon. Reuven then disposes of the picture and later wants to (or is caught, and therefore needs to) return the money to ...
5
votes
2answers
110 views

Must one give notice?

The custom in the United States is that, whenever feasible, an at-will employee is given two weeks' notice when fired (except when fired for cause) and gives two weeks' notice when quitting a job. ...
5
votes
1answer
65 views

Lost package; who is responsible

If a seller sent an item to a customer via the postal service, the postal service claims to have left it at the house, and the customer claims it has not been received, who is responsible for the ...
5
votes
0answers
77 views

Is a renter allowed to withhold rent if the landlord does not fulfill his duties?

If a landlord drags his feet on fixing things in his property, is the renter allowed to withhold rent until he does so? Alternatively, may the renter bring someone to fix it himself and pay from the ...
0
votes
0answers
36 views

Eruv t'chumin for dependants

One can 'force' a dependant to make an eruv t'chumin. Since they are only made for a dvar mitsva this is considered like forcing him to do a mitsva which one who has the power, has to do. Normally ...
4
votes
1answer
88 views

Is there a stated freedom to contract?

In the United States (and other countries), there is the notion of the freedom to contract. This is the idea that two people of sound mind have the right to enter into any contract with one another ...
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1answer
105 views

Repentance for stealing not accepted?

I've heard before that there is a Gemorah in Baba Kamma (also brought down in Shulchan Aruch Choshen Mishpat Hilchos Genevah) that one who steals something and later wishes to repent and return what ...
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0answers
61 views

Can I prevent trespass through (for example) my garden?

Does the Torah give me the right to stop other people using (for example) my garden as a short-cut between two places? If I try to prevent this trespass, am I to be criticised (say for withholding ...