Questions about the Jewish Code of monetary and civil law.

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6
votes
0answers
26 views

Is one allowed to bid on a house if he knows another Jew has already made an offer?

This question is related to the halachic concept of ani hamehapech b'charara, or tortious interference, which I happened to just come across in studying Mishnah Peah. If one has been looking at a ...
-2
votes
0answers
47 views

Playing music in the car with the windows open

Shmuel is playing music in car. He decides to crank up the volume and opens his windows so that rest of society can hear the music. Is there anything wrong with it? Does halachah talk about this?
9
votes
0answers
128 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 ...
4
votes
2answers
190 views

When Eidim Zomemim are found guilty who do they pay if it was a monetary case?

When Eidim Zomemim are found guilty who do they pay if it was a monetary case? I can think of reasons to say it's the initial accused, the court, or the person who was said to have been owed the ...
6
votes
1answer
69 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 ...
6
votes
1answer
357 views

What are the chief sources for requiring Jews to litigate in a beis din rather than in a civil court?

If I were to try to disuade a Jew from suing another Jew in court, without first going to a beis din, what Biblical and rabbinic sources should I cite as proof?
9
votes
1answer
205 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 ...
2
votes
0answers
55 views

Contract Law and Intentions

If two parties write a contract with two clauses A and B, such that if the conditions of the first clause A, are not fulfilled then the contract defaults to the second clause B, and both parties have ...
17
votes
4answers
473 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 ...
10
votes
1answer
85 views

Using someone else's employee discount

Let's say my good friend Bob is an employee at Frank's Store of Stuff You'd Never Pay Full Price For. He gets an employee discount for his purchases there. Can Bob buy stuff and then sell it to me, ...
5
votes
1answer
179 views

Can a court declare a minor's lulav ownerless? Has one?

Shulchan Aruch, Orach Chayim 658:6, says that one should not give his lulav to a minor as a gift, as the minor cannot give it back to him. (Minors cannot give anyone legal ownership in anything.) ...
5
votes
0answers
77 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 ...
9
votes
2answers
101 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 ...
3
votes
0answers
33 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 ...
2
votes
1answer
110 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 ...
10
votes
1answer
151 views

Cell Phone Jammers in Halacha

I could not imagine cell phone jammers would be מותר, but perhaps my gut-feeling is wrong... Either way, I would be interested in knowing how they fit into halacha, and what the reasons behind ...
4
votes
1answer
52 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
43 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
104 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?
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 ...
5
votes
1answer
83 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 ...
15
votes
3answers
588 views

Is it permitted to take extra food from a buffet?

If you're at a hotel and there is a buffet meal, and you can take as much as you want, is there any problem taking a few extra rolls or any of the food back to your room for later? I assume if I'm not ...
2
votes
0answers
57 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
33 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
95 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 ...
6
votes
0answers
64 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, ...
10
votes
1answer
91 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
134 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 ...
9
votes
1answer
72 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 ...
16
votes
5answers
506 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 ...
2
votes
1answer
167 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 ...
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
136 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 ...
11
votes
2answers
265 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 ...
35
votes
7answers
2k views

May I use my neighbor's Wi-Fi without asking permission?

My neighbor has never set up password protection on his wireless router. If I wanted, I could wirelessly connect to his high-speed Internet service. May I use his Internet service without asking him ...
7
votes
2answers
208 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 ...
14
votes
2answers
162 views

The two stamp question

One man owns two of the only very expensive stamps in the world. Let us say each stamp was worth a million dollars. A second man comes along and destroys stamp one. The catch is that now according to ...
5
votes
1answer
212 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 ...
6
votes
1answer
322 views

Following 'the spirit of the law' vs 'the letter of the law'

My question has several parts, and I'd love to hear your thoughts for all parts: What are the responsibilities of a Jew regarding the following of laws in general? Is it permissable to follow the ...
6
votes
3answers
212 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 ...
4
votes
1answer
63 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
2answers
110 views

Non responsibility for Damages on Purim

Why is one not required to pay if one causes damage on Purim? Does it apply in all situations?
6
votes
1answer
94 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
97 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 ...
2
votes
0answers
66 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 ...
9
votes
3answers
225 views

Stealing from a thief

If someone steals a previously stolen item from the thief is he guilty? Would it matter if he was stealing it only to return it to its original owner, or if the second thief was the original owner?
9
votes
3answers
109 views

Do our sources address the question of intellectual property vs the public good?

The NYTimes recently ran a piece about a malnourishment treatment that could save lives in Africa, but one company owns the recipe and controls it tightly. (See the article, I apologize if I'm not ...
6
votes
1answer
97 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
2answers
319 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?
7
votes
1answer
223 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 ...