Questions about the Jewish Code of monetary and civil law.

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8
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1answer
48 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 ...
2
votes
0answers
26 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 ...
6
votes
1answer
51 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
50 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
39 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
84 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
80 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
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
votes
0answers
43 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
32 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
88 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
73 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
130 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
62 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
69 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
votes
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
130 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
votes
1answer
91 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
votes
1answer
88 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 ...
0
votes
0answers
40 views

Implicit contract and obligation to directly link to a source in a tweet

Consider the following situation: Someone has a website that publishes original research. The articles contain links and the article itself can be reached via a link. The maintainer of the open ...
2
votes
0answers
61 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
163 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
219 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 ...
4
votes
0answers
46 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
44 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
71 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
35 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
91 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
107 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. ...
4
votes
1answer
61 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 ...
3
votes
0answers
61 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
86 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 ...
1
vote
1answer
97 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 ...
1
vote
0answers
56 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 ...
8
votes
3answers
163 views

Is there a concept in Jewish law similar to a corporation?

In modern law, a corporation, according to Black's Law Dictionary, is an "artificial person or legal entity created by or under the authority of the laws of a state or nation . . . ordinarily ...
5
votes
1answer
105 views

Is it permissible to embarrass a thief?

Here's a story I witnessed: Someone trying to get his car out of the public parking lot next to his building found his way out blocked by two cars parked right on the ramp out, whose owners went into ...
6
votes
3answers
203 views

How is one allowed to live in Israel?

When Yehoshua came to Israel, he conquered it and divided it among the Jews. This land belongs to them and their descendants. When the Jews were exiled many years later and came back (by the 2nd Beis ...
5
votes
1answer
207 views

Magazine not delivered - what are they responsible for?

If someone has a subscription to a Jewish weekly or magazine or newspaper (for example: Mishpacha, Binah, Ami, Jewish Press, Yated, Hamodia, etc.) and they are supposed to deliver on a specific day of ...
1
vote
0answers
62 views

Is Sephardi Chief Rabbi Sholomo Amar's recent psak on fiduciary responsibility really “unprecedented”?

HaAretz, last week, reported that Sephardic Chief Rabbi Shlomo Amar issued a halachic decision that "[b]usiness owners whose actions, either intentionally or through negligence, cause the public ...
3
votes
2answers
107 views

Can a judge take an equal bribe from both sides?

It says in CH"M Siman 9 that it is forbidden for a Dayan to take a shochad (bribe.) What about if a particular Dayan is dealing with a case between Reuvan and Shimon that they both want to give the ...
5
votes
0answers
107 views

Is it halachically permissible to click on contextual ads with no intention of buying?

Contextual ads are those ads you see when you do a search on Google. The advertisers only pay if someone actually clicks on their ad. It seems "pashut" to me that clicking an ad if you know you're not ...
7
votes
2answers
81 views

Dressing similarly at a Din Torah - When did this change and why?

Gemara Shevuos 31a says that if two people come to Bais Din one dressed in rags and the other dressed in expensive clothing, we make them dress similarly. Sefer Hachinuch Mitzva 235 indicates that ...
3
votes
1answer
105 views

Receiving money for a day's work, considering it to cover a debt?

I will pose this general question by presenting the following scenario: Reuvan works for Shimon. One time, at the end of the day, when Shimon came to pay Reuvan for that day's work (which was $100.), ...
4
votes
2answers
151 views

Using a Stamp from an RSVP Card

Many invitations come with return card envelopes that are already affixed with proper postage. Suppose, the recipient of such a card has no intention of replying (or decides to reply by some other ...
1
vote
0answers
95 views

Genevas Daas (deception) with a gift

The Shach in YD Siman 117 Sif-Katan 13 writes, דאין במתנה משום גניבת דעת With regard to a gift there is no problem of "genevas daas" (deception). The Shach writes this in regard to selling ...
12
votes
2answers
313 views

What is the halachic status of things in outer space?

Is everything in outer space hefker? For example if a private person lands on the moon or an asteroid can he be koneh it? Do you retain the rights to something that you send into space?
4
votes
1answer
118 views

Who is responsible for damage to something that was used at the owner's request?

Suppose you ask someone to use something that belongs to you, so that you can benefit from their use of it. For example, you (voluntarily) give a camera to someone you know to take a picture (of ...
2
votes
1answer
107 views

Woman giving away husbands money

The gemorah in Moed Katan Daf 8a says, אמר רב כהנא אמר רב יהודה אמר רב מעשה באדם אחד שכינס מעות לעלות לרגל ובא ספדן ועמד על פתח ביתו ונטלתן אשתו ונתנתן לו ונמנע ולא עלה Rav Kahana said in ...
12
votes
1answer
237 views

Insurance against משיח

According to this rather amusing blog post, there is apparently a common clause in rental contracts in Jerusalem, called the Messiah clause, in which, when a landlord outside of Israel rents out a ...