Questions about the Jewish Code of monetary and civil law.

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7
votes
2answers
236 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
95 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
161 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
263 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
166 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
54 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 ...
3
votes
1answer
87 views

Is one allowed to sell a forged painting?

One makes an exact carbon-copy (perfect copy, in such a way that one will never be able to tell the difference between an original and a copy. For arguments sake, lets say through witchcraft) of (say) ...
1
vote
2answers
95 views

Scratch on a car: liability if panel was later paid by another

If someone scratches my car door and then later a second person knocks it off completely and the second person has to compensate, is the first person who scratched the door still responsible to pay ...
5
votes
1answer
169 views

Car falls into my ditch- I'm not responsible?

Halacha dictates that if someone were to dig a huge hole in the middle of the street and a car fell into it, he would not be responsible to pay for the damage to the car. The language of the Talmud ...
3
votes
1answer
42 views

Do I need to use damage compensation for repairs?

If I get a scratch on a car door and I am compensated, do I have to repair or can I just keep the money and live with the dent or scratch? (This may be a similar question but I am unsure so I made ...
12
votes
3answers
399 views

Are parents responsible if their children damage in a store?

If a parent brings a child (defined as under 13 for a boy and under 12 for a girl) into a store, and that child damages an item, is the parent responsible to pay? Would it matter if the child simply ...
3
votes
2answers
96 views

Am I allowed to use borrowed money for something else?

Reuven goes to his good friend Shimon and tells him that he needs $10,000 for X. Shimon naturally agrees. Reuven then realizes that he needs the money for Y instead. Is Reuven allowed to use the ...
6
votes
1answer
113 views

Can an ex-employee steal customers?

Character definitions: Reuven is the proud owner of Big Business A. Shimon was hired to work for Big Business A. As part of his job, Shimon is responsible for interacting with various Big Business A ...
7
votes
2answers
131 views

Attaching Conditions to a Sale

If I sell someone an item (e.g. an orange), and I attach a condition (e.g. "you may not make orange juice"), is it successfully binding? What happens if that someone does violate the condition (e.g. ...
11
votes
1answer
130 views

Can I keep the smuggled diamonds as an award?

Inspired by Diamonds in the coffee (and highly related): I've always got a kick out of the supposed story (I have not been able to confirm it's true, but it's definitely plausible): Reuven gives ...
7
votes
1answer
107 views

Diamonds in the coffee

A friend requests that you take a jar of Coffee to Israel and you happily oblige. On the way to your destination the jar cracks, so you just buy a replacement. Later you find out that the can ...
2
votes
1answer
65 views

Bread in the freezer

The title of the question is tongue in cheek. There was a very kind family that was away for the summer and allowed their home to be used by a second family. The second family got there and found the ...
9
votes
2answers
235 views

Saving Parking Spots

Reuven calls Shimon to ask if Shimon may stand inside a parking spot and reserve it until Reuven gets there in five minutes. While standing there, Levi pulls up and directs Shimon to vacate the spot ...
6
votes
2answers
124 views

Check that did not clear

If I give a check in payment of an obligation or purchase and the check never cleared. The recipient never called me to say he lost it or misplaced it. Do I have to call the recipient and give him ...
2
votes
1answer
116 views

The Ushpizin Esrog-Lemon Case

If you never saw Ushpizin, this video will give you a quick summary of what I'm talking about [especially starting at 3:55]. Basically, two non-frum Jews come over to Moshe's house for Sukkos. They ...
16
votes
3answers
322 views

Can I lend out a Library Book?

I just borrowed a wonderful book from the local library (let's assume Jewish library - but does it matter?). My friend sees the book and wants to read it. My library lets me keep the book for a week, ...
7
votes
1answer
102 views

Limits to Financial Dina Dmalchusa

What are the limits of Dina Dmalchusa (specifically financial Dina Dmalchusa, unlike this question which deals with non-financial dina dmalchusa)? In general, dina dmalchusa means one must pay taxes ...
7
votes
2answers
194 views

Are late or overdue fees Ribbis?

If I take out a library book, and they charge me $.10 per each additional day extra. Or if I owe money on a bill, and they charge me a $10 late fee for being overdue. Are these a case of Ribbis? Or ...
10
votes
4answers
394 views

“Is the market-based distribution of income fair or unfair?”

This post, by a leading economist, lists the main differences on economic policy between the right and left-leaning economists. On many economic issues, Judaism does not necessarily take a clear ...
12
votes
2answers
115 views

Are Jewish Court Rulings subject to Appeal?

Is there such a thing as an appeal in Jewish law, or are rulings issued by Jewish courts absolutely final?
9
votes
1answer
233 views

What Halachot apply to serving on jury duty?

Halachically, what are the responsibilities of one who is called to jury duty? What if one of the litigants is Jewish, and the halacha would find differently than civil law does in the case, are you ...
4
votes
1answer
107 views

Would the rabbis who prohibit all gambling and lotteries prohibit a no-lose lottery?

In a no-lose lottery, lots of people put money in a bank; all of them will get their money back whenever they want. Additionally, the bank takes the proceeds from investing their money and ...
5
votes
1answer
136 views

Responsibility for Incoming Call / Text Message Charges in Halacha

In many places (or at least in the USA), users are charged for incoming calls and text messages. If someone explicitly tells someone else to stop calling or texting their number, does that person ...
4
votes
1answer
88 views

Compromising a Doubtful Loan and Ribbis

First let's get the case: Reuven lends $100 to Shimon to be paid back in a year. There is no record of the amount of the loan. And then, one month later, one of the following happen: Shimon ...
2
votes
1answer
71 views

Chometz Gezel Akum

The Gemara in Pesachim (ה:‏) says if you are holding Chometz for a gentile and Pesach comes you have to burn it. How is it possible to say that: it is Gezel Akum and even if you pay him back you ...
6
votes
5answers
426 views

Is it Gezel Sheinah for a teacher to wake up a student in class?

Yes, it's a little tongue-in-cheek, but it occurred to me while reading the question on stealing a parents tuition by skipping, and I think that there is a real benefit in the question. Is it Gezel ...
11
votes
3answers
179 views

In the Bible, why did robbers bother tunneling into houses to rob them?

Exodus 22:1 speaks about the robber who was found "tunnelling in" to someone's house (vis-a-vis self-defense). Is that just a figure of speech, or did they actually go to that much trouble? (What ...
6
votes
1answer
304 views

Who asked Rav Moshe about capital punishment?

There is an interesting t'shuva in Igros Moshe Choshen Mishpat vol.2 #68 (pt. 1 pt. 2) in which he explains the extreme rarity of capital punishment in Jewish law, especially in modern times. It is ...
6
votes
2answers
98 views

Does a discount to a poor person count as tzedakah?

If someone performs a service for a poor person and gives a discount in order to help him out, does the difference count as tzedakah? If so, can the full amount be counted towards maaser, or do we say ...
1
vote
2answers
115 views

Overcharging or Undercharging (Ona'a)

The Halacha of Ona'a is that if an item was sold for more than 1/6 difference in real value the buyer and or seller can cancel the sale. How is Ona'a figured on for example fresh salmon? There are ...
1
vote
1answer
27 views

Bittul and then Sale?

How is it that after we do Bedikah (checking for Chametz) and we are Mevatel (Making the Chometz Null and Void) the Chometz the Rav then goes and sells the Chometz to the Gentile we have alredy said ...
2
votes
1answer
91 views

Yosef Mokir Shabbos

There is a story in the Gemarah I wont get into the Detail but here is the relevant part of the story. The wife buys a fish and finds a diamond inside are they not responsible to return it to the Fish ...
6
votes
3answers
152 views

Is Dreidel gezeilah?

The Beit Yosef (Shuchan Aruch Choshen Mishpat 370:2) forbids gabling as gezeilah derabanan. (The Rema permits gambling under certain circumstances.) With this in mind, is it permissible for Sepharadim ...
4
votes
2answers
214 views

Is Telemarketing Prohibited by Jewish Law?

I understand that it may be prohibited due to the laws of "Dina D'malchusa Dina," (when and if) American law prohibits it. However, that reason aside, is there any Judaism based reason to prohibit it? ...
3
votes
1answer
85 views

Settling debt with a credit card company

Is it Halachically sound to settle debt for less than owed with a credit card company?
2
votes
1answer
118 views

Byomo Titein Schoro - paying workers on time

You have a plumber, electrician, babysitter, etc. doing a job for you. There is a Mitzva of "Byomo Titein Schoro" paying in the same day. If you pay by check is it considered "Byomo Titein Schoro"?
2
votes
5answers
109 views

Mi.ShAino.Yodeya [closed]

Which halachah [hint:Choshen Mishpat] applies to "mi sh'aino yodeya"? (I ran across this last night researching another question)
3
votes
1answer
70 views

What is the role of government punishment in the teshuva (repentance) process?

If I understand it, according to Halacha, if Reuven steals $100 from Shimon, he has to first return the money (possibly plus another $100), apologize; then regret, confess, resolve, and abstain. If ...
8
votes
4answers
136 views

Riddle: How do dayyanim split wages between partners? [closed]

This is a riddle that was put to us in my kollel dayyanim. Two men set out on a journey together. One brings three loaves of bread, the other two. When they are getting ready for their meal, ...