Questions about the Jewish Code of monetary and civil law.

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10
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1answer
211 views

Does a child own what he's implicitly given by his parents?

I assume that when a parent owns an object and a child uses it, it remains the property of the parent's absent any intent/declaration on the parent's part to grant it to the child (and absent an act ...
1
vote
1answer
93 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 ...
4
votes
1answer
115 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 ...
8
votes
3answers
162 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 ...
4
votes
1answer
100 views

Does a borrower-lender / borrower-bailor have a claim against his borrower/bailee?

If a shoel (someone who borrowed non-fungible personalty) re-lent the borrowed item to a further borrower (which he may not do), the original borrower (i.e., the relender) is liable to the original ...
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 ...
5
votes
2answers
235 views

Are robo-calls permitted?

A robo-call is an automated phone call that does not involve a human caller. The majority of these are uninvited solicitations (either for money or votes), and these are the ones I'm asking about. ...
12
votes
1answer
229 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 ...
4
votes
2answers
116 views

In auctions today are you still obligated after being out-bid?

A mishna on Erchin 27a discusses buying land back after it has been consecrated. It says that if one offered ten selas, another twenty, etc. up to one who offered fifty, and then that last guy ...
1
vote
0answers
61 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
106 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 ...
8
votes
1answer
268 views

Neighbors inappropriate mail

If I see a neighbors inappropriate mail, am I allowed to throw it out?
6
votes
3answers
279 views

Investing in Halacha

Does anyone know some halachik sources that discuss investing in stocks? There are many potential issues. For example, do you need to worry (about ribbis) if your money is used to lend with interest? ...
7
votes
1answer
88 views

Is Dina D'Malchusa a din in Gavra or in Cheftza?

Let's say that Reuvain owes Shimon money in American law, and Dina Demalchusa applies, does that mean: Reuvein has a halachic monetary obligation to Shimon which is as strong as any other ...
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 ...
4
votes
2answers
150 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 ...
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.), ...
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 ...
2
votes
1answer
153 views

What is the status of a library loan?

When you borrow something from the (secular) library does it follow the same halacha as a loan from one Jew to another?
5
votes
4answers
154 views

Ditch school: stealing?

If your parents pay for you to go to school and you ditch, is that stealing?
6
votes
1answer
90 views

Why can't we Mafkiya kiddushin?

According to DoubleAA, R' Shechter says that any three people have a right to declare items hefker through Hefker Beis Din Hefker. According to that, why doesn't an average Beis Din have a power to ...
14
votes
1answer
193 views

How much must one do to to sign a contract?

Nowadays most software comes with a EULA. In order to install the software one must click the "agree" button. However, there are some software that says are distributed through different licenses. For ...
5
votes
2answers
129 views

Recording music from radio

When I was a kid, I used to enjoy recording music from Jewish radio programs onto cassette tapes (remember those?). Nowadays the process is much easier, as many portable music players include an FM ...
5
votes
0answers
126 views

Which beis din can declare items Hefker?

There is a rule that Hefker Beis Din Hefker, that a court can declare items ownerless. What are the requirements for a Beis Din to declare items ownerless? Are there any courts nowadays with such ...
7
votes
1answer
121 views

Product liability in halacha

What does Judaism say about product liability? That is, if I sell someone a product and — because it was manufactured poorly or not as advertised — the purchaser sustains damage, to ...
6
votes
2answers
197 views

Can I defend my animals with lethal force?

We know that it is permitted, in self-defense, to kill one who is trying to kill you, and I have heard that this applies to other people too (I see someone trying to kill someone else and I ...
13
votes
2answers
219 views

Can a book with ancient text really be copyright?

Pick up your local chumash, siddur or gemara. Open it to the front page. There it is, the dreaded ©. But to me that seems quite odd. Can the text of the actual davening or talmud really be ...
7
votes
1answer
179 views

Transfer of loan / mortgage from non-Jew to Jew

What happens if a Jew borrows money on interest from a non-Jew, and then the lender turns around and sells the debt to a Jew? (Such transactions are very common in the mortgage industry.) Is it ...
8
votes
1answer
101 views

Animal rights vs other considerations in halacha and hashkafa

On a boat, Reuven owns five ostriches and one of them eats a diamond off of Shimon's hat which is on his head. Though we are not sure which one ate it we know with certainty that one of them did. ...
6
votes
2answers
135 views

Do you have to pay if you damage someone in order to stop them from sinning?

There is a story in Brachos where R' Ada bar Ahava ripped a Karbalta (a red non-tznius garment) off a woman, and then discovered that she was not Jewish. He then was fined for that act 400 zuz. He ...
8
votes
1answer
117 views

Does one have to return the specific bills that one stole?

If one stole a hundred dollars in regular cash (e.g. no rare bill editions), and still has those bills, does he have to return those particular bills or can he return any hundred dollars?
10
votes
4answers
384 views

what are the limits of “mesira”?

It seems that most people have an idea that you cannot report a Jew to the non-Jewish authorities (police, government, etc) except for extreme circumstances (imminent danger, abuse, etc). However, ...
7
votes
1answer
191 views

Are kickbacks prohibited?

Would a person be allowed to give/take bribes to a person responsible for purchasing in a company? Would it be forbidden directly as "shochad" (bribery) or under a general prohibition of Gnevas Daas, ...
16
votes
2answers
227 views

Does Jewish Law Recognize Bankruptcy?

If someone borrowed money and then declared bankruptcy, does he still have a halachic obligation to pay it back? If the lender was a corporation (bank, etc.). If the lender was a friend. Do we say ...
4
votes
2answers
159 views

Do non-Jews inherit?

Inspired by this question. If a non-Jew dies, do his children (or other inheritors) automatically assume possession of his properties (karka), loose items (metaltelin), and debts the way Jewish ...
7
votes
4answers
359 views

Patents in Halacha?

If someone invents something new (and unique), does Judaism recognize that he has ownership over the invention [for x years]?
3
votes
0answers
44 views

Ethical business dealings [closed]

A synagogue (shul) employee who is not empowered to obligate the shul financially, convinced a member to get a loan against her house to lend the synagogue money to put on a concert of Jewish music. ...
4
votes
2answers
180 views

Handling Conflict between Jewish and Civil Law

This question is an offshoot from the one titled "Questions about Polygamy in Jewish Law and Culture" Taking under the knowledge that the previous question was well answered with an observation: It's ...
3
votes
1answer
93 views

How can one who contradicted witnesses use those witnesses later?

Case 1 Plaintiff Reuvein made a claim against Shimon that Shimon owes $100 to Reuvein through a loan. Shimon said: "I never borrowed anything from you". Reuvein brought two witnesses (Pair A) that ...
5
votes
3answers
198 views

Is there any issue except for Dina Dmalchusa in counterfeiting money?

If someone were to find a way to make exact forgery of currency (in such a way that it would be impossible for anyone to find that it's counterfeit), would there be any prohibition to do so (except ...
1
vote
1answer
105 views

No one's ticket collected on the train: destroy?

This is a rolloff of this question: Train ticket not collected: destroy? IF one is on a train that is too packed for any conductor to go on. Or it is a day where there is bad whether and the ...
7
votes
2answers
223 views

Stealing from or causing damage to a third party to save life or limb

Suppose Fred is in danger of death or injury, and the most direct way to avoid that fate involves stealing or damaging property belonging to Ernie, an uninvolved person. Examples: Fred is being ...
4
votes
1answer
94 views

Using physical force to get past a passive blockader

Suppose that Billy wants to enter a building that he's legally entitled to enter, but Augustine places himself in front of the building's entrance in such a way that Billy cannot enter without coming ...
4
votes
1answer
60 views

A worker who did Shich'cha

If a worker forgot a sheave in a field, thereby making it Shich'cha (one of the gifts which the owner of the field must leave to the poor), does he have to pay back the owner?
3
votes
2answers
156 views

Card Counting Permissibility

For what it is (if you haven't heard of it), see Card Counting (wikipedia) Also assuming Gambling is not a problem in that scenario. It's perfectly legal in the U.S. So would it be a problem in ...
11
votes
2answers
229 views

Receiving Too Much Change

Do I have an obligation to give back extra change I receive? Would it matter if the store owner or person giving it to me was a Jew?
6
votes
2answers
161 views

Is one allowed to cancel a check?

If I give a check to someone (as a gift) and I change my mind, am I halachically allowed to cancel it, or do we say that the check is a shtar, and by signing it is considered as if I gave him the ...
6
votes
1answer
53 views

Why can't a minor's rights to eat while harvesting crops be waived?

The Torah grants workers who are harvesting a field to consume some of it while on the job. The Mishna in Bava Metzia (7:6) points out that a worker can waive his Biblically-granted rights, and make ...