Questions tagged [choshen-mishpat-civil-law]
Questions about the Jewish Code of monetary and civil law.
299
questions
7
votes
1
answer
104
views
Safek Leket Leket vs. Hamotzi Mechaveiro
On the one hand, the Mishnah (Pe'ah 4:11) records that doubtful leket goes to the poor. (Yes, I am aware that R' Meir says that. The Tosfos Yom Tov holds that everyone holds of that in principle and ...
9
votes
1
answer
139
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 ...
15
votes
4
answers
490
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 ...
8
votes
1
answer
476
views
Does Judaism adjudicate 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 ...
11
votes
2
answers
221
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 obligation, ...
4
votes
3
answers
264
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 ...
8
votes
3
answers
492
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 ...
6
votes
1
answer
131
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 ...
12
votes
2
answers
498
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
1
answer
126
views
Onaah and the Black Market
The issur of onaah applies when one charges more than an additional sixth of the market price.
Does one have to take into account competition with black market prices (where goods in this case are ...
2
votes
1
answer
77
views
Progressive Tax and Onaah
Is there an issue of a (halachic) government taxing individuals on the basis of their income?
2
votes
1
answer
388
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 ...
17
votes
6
answers
2k
views
Train ticket not collected: destroy?
Assuming a train line where single-ride tickets are normally collected or cancelled manually by train crew circulating among seated passengers, and it is physically possible to use them later if they ...
1
vote
1
answer
64
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 ...
8
votes
1
answer
248
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 what ...
3
votes
1
answer
159
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 ...
13
votes
2
answers
2k
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
2
answers
99
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 ...
21
votes
3
answers
554
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, ...
8
votes
2
answers
170
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. ...
5
votes
1
answer
293
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 ...
1
vote
2
answers
159
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 me?...
3
votes
2
answers
258
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 ...
1
vote
1
answer
173
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 ...
-2
votes
1
answer
104
views
Copyright issues in apps
Are there be any Halachik issues with regard to using someone else's logo, twitter avatar or the like as part of an app?
If it would be okay, would that only be if I don't make any money from the app?...
7
votes
2
answers
607
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: טעות ...
11
votes
1
answer
130
views
Who keeps the second set of sneakers?
If I appoint an agent to go purchase a pair of sneakers for me and, upon arriving at the store the agent notices they are having a two-for-one sale (which I was not aware of), when the agent buys the ...
0
votes
0
answers
48
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 ...
5
votes
1
answer
64
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 ...
7
votes
3
answers
1k
views
Pirating software
I have heard from numerous people that there are opinions within Orthodox halacha that permit using pirated computer software. I have never seen this sourced or printed anywhere but only things like "...
11
votes
2
answers
434
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 says ...
11
votes
4
answers
421
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
1
answer
130
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)?...
-2
votes
1
answer
51
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 looking ...
2
votes
0
answers
60
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
1
answer
815
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 ...
12
votes
2
answers
168
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 ...
8
votes
1
answer
431
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 ...
11
votes
3
answers
758
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?
11
votes
1
answer
350
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 ...
3
votes
0
answers
144
views
Is there "פה שאסר הוא פה שהתיר" or a "מגו" in American law? [closed]
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 ...
21
votes
4
answers
2k
views
How do you handle possible Shabbat issues when receiving a jury summons?
The last time I was summoned for jury duty it was mid-week in January, and I made a point of telling the lawyers during questioning that I would have to be home before sunset on Friday. They were not ...
3
votes
0
answers
107
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,...
5
votes
2
answers
1k
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
0
answers
228
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
1
answer
93
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, ...
4
votes
1
answer
182
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.
14
votes
2
answers
271
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 ...
11
votes
2
answers
361
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 ...
1
vote
1
answer
112
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.