Questions about the Jewish Code of monetary and civil law.

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7
votes
1answer
117 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
113 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
66 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
81 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
39 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 ...
1
vote
1answer
118 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
66 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
183 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
114 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
276 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
223 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
65 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 ...
5
votes
3answers
160 views

Can a judge take an equal bribe from both sides?

It says in Choshen Mishpat Siman 9 that it is forbidden for a Dayan (judge) to take a shochad (bribe). What about if a particular Dayan is dealing with a case between Reuven and Shimon, both of whom ...
6
votes
0answers
127 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 ...
8
votes
2answers
83 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
106 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
156 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
123 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
334 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
123 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
113 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
254 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 ...
11
votes
2answers
280 views

El Al Airfare error and Halachah

What are the Halachic implications of yesterday's El Al airfare snafu? In brief, El Al's air tickets were being sold online very cheap for a while; the price was later corrected, and El Al claimed the ...
6
votes
1answer
96 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 ...
4
votes
1answer
105 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 ...
8
votes
1answer
99 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 ...
7
votes
1answer
194 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 ...
11
votes
1answer
226 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 ...
7
votes
1answer
198 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 ...
10
votes
1answer
220 views

Is it acceptable to use software which incidentally blocks ads?

A question on this site on whether ad-blocking software is permissible suggests that the answer is that it probably, but not definitely, is acceptable. I don't use ad-blocking software myself, but I ...
8
votes
1answer
113 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. ...
2
votes
1answer
163 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?
7
votes
2answers
150 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
126 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?
6
votes
1answer
100 views

What is the Halachah if someone lost an object despite efforts to protect it?

If someone charged with guarding an object took protective precautions, but it nonetheless disappeared, what is the Halachah? Let us assume they were not paid for their guardianship, nor were they ...
4
votes
2answers
189 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 ...
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. ...
6
votes
2answers
258 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. ...
4
votes
2answers
215 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 ...
18
votes
3answers
483 views

Is ad-blocker software permissible?

Kalashnikover_Rebbe at hashkafah.com asks: Isn't blocking ads stealing??? The people put them on the sites for a reason.... He elaborates: On one hand the argument can be made that [forum ...
6
votes
2answers
148 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 ...
7
votes
1answer
137 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 ...
14
votes
1answer
203 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 ...
17
votes
2answers
274 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 ...
6
votes
2answers
235 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 ...
4
votes
1answer
100 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 ...
7
votes
2answers
258 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 ...
7
votes
2answers
242 views

Self-defense (in a case of one's capital, not a capital case)

There is a well known rule that if A is threatening B's life, B may kill A, if necessary, to prevent that. Is there any such rule in non-capital cases? Specifically: If A is threatening B with ...
4
votes
1answer
63 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?