Questions about the Jewish Code of monetary and civil law.

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2
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1answer
234 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 ...
10
votes
1answer
207 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 ...
3
votes
1answer
63 views

What kind of physical damage affects a contracts validity (if any)?

This question had a picture of a Ketuba with some damage to the paper. In Jewish Law, what kind of damage would invalidate a contract? In that Ketuba, for example, the standard text is ripped, but ...
17
votes
6answers
779 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
90 views

Could this passage have any relevance to artificial intelligence?

I've seen numerous different discussions online about how to handle artificial intelligence with regards to moral laws. How should we, as orthodox Jews, dispatch of these problems? I turn to this law ...
5
votes
3answers
73 views

Damages and two defendants — how would a beit din resolve?

A friend recently sat on a jury in a civil case where there were two defendants in the case of an injured party, each claiming the other was responsible, and the jury had to decide. I'm curious how a ...
0
votes
1answer
22 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
1answer
165 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 ...
4
votes
0answers
35 views

What recourse is available for someone whose property was seized by a creditor of the seller?

Let's say Reuven owes Shimon $1000 (because of a loan). Reuven then sells his only piece of land (that happens to be worth $1000) to Levi. This land in Levi's possession is now considered a נכס משעובד ...
2
votes
1answer
41 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 ...
2
votes
2answers
177 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 ...
13
votes
2answers
1k 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
2answers
52 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 ...
20
votes
3answers
369 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
2answers
142 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
1answer
193 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
2answers
104 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 ...
3
votes
2answers
185 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
1answer
135 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
1answer
69 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 ...
7
votes
2answers
119 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: ...
11
votes
1answer
113 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
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0answers
40 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
1answer
39 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 ...
3
votes
3answers
258 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 ...
3
votes
0answers
30 views

Why isn't maakeh in the Tur?

The chapters in Shulchan Aruch generally follows those in Tur, with a couple of exceptions here and there. One of those exceptions is that SA adds a final chapter, 427, to Choshen Mishpat discuss the ...
11
votes
2answers
110 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 ...
11
votes
4answers
245 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
60 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 ...
-1
votes
1answer
29 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 ...
1
vote
0answers
45 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
1answer
95 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
2answers
148 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 ...
21
votes
3answers
680 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 ...
7
votes
1answer
113 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
3answers
322 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?
10
votes
1answer
284 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 ...
1
vote
0answers
65 views

Is there “פה שאסר הוא פה שהתיר” or a “מגו” in American law?

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 ...
19
votes
4answers
650 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 ...
9
votes
2answers
134 views

Liability for stealing one shoe

Suppose Alice has a pair of shoes, worth $100. Bob steals one of the shoes and destroys it. Setting aside any special penalties, If Bob is caught and found liable, does he have to pay Alice back $50 ...
3
votes
0answers
71 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. ...
7
votes
0answers
71 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 ...
4
votes
2answers
107 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
2answers
312 views

Do any communities have the non-Jew come get some of his chametz?

There is an established practice to sell one's chametz (leavened products) to a non-Jew over Passover to avoid the biblical prohibition of a Jew owning chametz during the festival. Unfortunately, ...
3
votes
0answers
83 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
1answer
65 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
1answer
123 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.
12
votes
1answer
258 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 ...
12
votes
2answers
191 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
2answers
289 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 ...