Questions about the Jewish Code of monetary and civil law.

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2
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1answer
240 views

if there was a caliphate established would the jews have to pay the jizya

If there was a caliphate established in America would Jews be required to pay the jizya, according to Halacha, since the caliphate would be the government of the land Background: Jizya is a per ...
2
votes
1answer
91 views

Could this passage have any relevance to artificial intelligence?

I've seen numerous different discussions online about how to handle artificial intelligence with regards to moral laws. How should we, as orthodox Jews, dispatch of these problems? I turn to this law ...
0
votes
1answer
22 views

What was a shtar (document) for?

It seems that a possible prerequisite of knowing What recourse is available for someone whose property was seized by a creditor of the seller? is knowing what happened to a loan document? When ...
5
votes
3answers
74 views

Damages and two defendants — how would a beit din resolve?

A friend recently sat on a jury in a civil case where there were two defendants in the case of an injured party, each claiming the other was responsible, and the jury had to decide. I'm curious how a ...
4
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0answers
35 views

What recourse is available for someone whose property was seized by a creditor of the seller?

Let's say Reuven owes Shimon $1000 (because of a loan). Reuven then sells his only piece of land (that happens to be worth $1000) to Levi. This land in Levi's possession is now considered a נכס משעובד ...
13
votes
2answers
1k views

Pirating software that has already been bought

Say, for instance, that I've previously bought a set of DVDs (for example, the workout program P90x, which contains several DVDs in a set), and that I am currently in a different country and have not ...
4
votes
2answers
55 views

Must you inform someone if you know you could save them from losing money?

Must you inform someone if you know you could save them from losing money? For example, if you work in an office building, and you realize a window which should be shut is open and resulting in ...
5
votes
1answer
40 views

Is there monetary compensation for injuring a fetus?

If someone kills a fetus inside a woman, they have to pay a monetary payment for it (Shemos 21:22). If someone blinds the eye of their fetal slave, the fetus does not thereby gain its freedom (unlike ...
3
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0answers
31 views

Why isn't maakeh in the Tur?

The chapters in Shulchan Aruch generally follows those in Tur, with a couple of exceptions here and there. One of those exceptions is that SA adds a final chapter, 427, to Choshen Mishpat discuss the ...
2
votes
1answer
43 views

Very small damage to someone else's property

If someone walks past a parked car with a stroller, the stroller got caught on the plastic casing around the number plate and a small piece broke off, is it wrong to walk off? What would halacha say ...
4
votes
1answer
61 views

What do children own?

Is there truth to the saying I heard in orthodox houses, namely that if the parents support the children (even after 13/12) everything belongs to them? What is the source of this (truth or falsehood)?...
-1
votes
1answer
29 views

rambam saying if someone cheated you

I remember learning in Rambam that in cases where the one that was cheated can not prove it he says something like "the one that cheated me should be ..." what is the correct saying, i am ...
1
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0answers
45 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 "...
3
votes
1answer
106 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 ...
3
votes
1answer
66 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 ...
7
votes
1answer
115 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
65 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
134 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 ...
11
votes
2answers
110 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 ...
0
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0answers
41 views

Are you responsible for your client's/customer's representations of your contract?

A business has a Government contract where the Government pays for all lease expenses. This business wants to enter into a contract with a software developer to develop software, but to structure the ...
7
votes
0answers
74 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
112 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
314 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
87 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
65 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
83 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
60 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
129 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
26 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
71 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. However,...
6
votes
1answer
388 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
37 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
123 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.
6
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1answer
103 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
192 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
109 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
85 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
91 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
212 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 money....
6
votes
1answer
400 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
228 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
80 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 ...
7
votes
1answer
210 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.) ...
12
votes
1answer
264 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 ...
7
votes
2answers
119 views

Why is Taus Akum Different?

So the Shulchan Aruch Choshen Mishpat (348:2) says: כל הגונב אפילו שוה פרוטה עובר על לאו דלא תגנובו וחייב לשלם אחד הגונב ממון ישראל או הגונב ממון של עכו"ם ואחד הגונב מגדול או מקטן:‏ הגה: ...
9
votes
2answers
118 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
44 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 ...
12
votes
2answers
148 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
74 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
56 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 ...