The choshen-mishpat-civil-law tag has no wiki summary.
27
votes
7answers
875 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 ...
0
votes
0answers
27 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 ...
14
votes
3answers
325 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 ...
3
votes
1answer
72 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 ...
12
votes
2answers
330 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 ...
10
votes
1answer
186 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 ...
4
votes
0answers
49 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
51 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
37 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 ...
4
votes
1answer
93 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 ...
8
votes
3answers
95 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
87 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 ...
5
votes
1answer
65 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 ...
5
votes
2answers
99 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
2answers
208 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. ...
11
votes
1answer
168 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 ...
4
votes
2answers
100 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 ...
1
vote
0answers
41 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 ...
3
votes
2answers
96 views
Can a judge take an equal bribe from both sides?
It says in CH"M Siman 9 that it is forbidden for a Dayan to take a shochad (bribe.) What about if a particular Dayan is dealing with a case between Reuvan and Shimon that they both want to give the ...
6
votes
1answer
210 views
6
votes
3answers
215 views
Investing in Halacha
Does anyone know some halachik sources that discuss investing in stocks? There are many potential issues. For example, do you need to worry (about ribbis) if your money is used to lend with interest? ...
7
votes
1answer
75 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 ...
5
votes
0answers
84 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
2answers
143 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 ...
7
votes
2answers
72 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
96 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.), ...
1
vote
0answers
59 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 ...
6
votes
2answers
113 views
Does the mitzvah to return a lost object apply to aveirah items?
I recently saw a flyer that quoted from R' Chaim Kanievsky, Shlita as saying that if one find a smartphone that is not "kosher" there is no mitzvah obligation to return it. Is this in fact the ...
1
vote
0answers
72 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 ...
2
votes
1answer
136 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?
5
votes
4answers
143 views
Ditch school: stealing?
If your parents pay for you to go to school and you ditch, is that stealing?
6
votes
1answer
76 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 ...
9
votes
1answer
199 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 ...
12
votes
1answer
157 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 ...
0
votes
1answer
70 views
How do you go about re-borrowing? [closed]
Suppose Ruvein lends Shimon his car for thirty days, with the stipulation that if he returns it late he owes $100 (and no further details). Shimon returns it on day 15. On day 25 (of the thirty days), ...
5
votes
2answers
118 views
Recording music from radio
When I was a kid, I used to enjoy recording music from Jewish radio programs onto cassette tapes (remember those?). Nowadays the process is much easier, as many portable music players include an FM ...
5
votes
0answers
87 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 ...
7
votes
1answer
98 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 ...
6
votes
2answers
130 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 ...
10
votes
2answers
160 views
Can a book with ancient text really be copyright?
Pick up your local chumash, siddur or gemara. Open it to the front page. There it is, the dreaded ©.
But to me that seems quite odd. Can the text of the actual davening or talmud really be ...
7
votes
1answer
137 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 ...
5
votes
0answers
68 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
78 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. ...
6
votes
1answer
71 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 ...
6
votes
2answers
111 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
96 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?
10
votes
4answers
305 views
what are the limits of “mesira”?
It seems that most people have an idea that you cannot report a Jew to the non-Jewish authorities (police, government, etc) except for extreme circumstances (imminent danger, abuse, etc). However, ...
2
votes
1answer
79 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?
7
votes
1answer
162 views
Are kickbacks prohibited?
Would a person be allowed to give/take bribes to a person responsible for purchasing in a company? Would it be forbidden directly as "shochad" (bribery) or under a general prohibition of Gnevas Daas, ...
14
votes
2answers
154 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 ...
