Questions about the Jewish Code of monetary and civil law.

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2
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1answer
56 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 ...
11
votes
2answers
146 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 ...
20
votes
3answers
555 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 ...
2
votes
1answer
36 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 ...
6
votes
1answer
85 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
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3answers
302 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
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1answer
252 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
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0answers
57 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 ...
18
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4answers
553 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
116 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 ...
6
votes
1answer
52 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 ...
3
votes
0answers
63 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. ...
6
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0answers
57 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
75 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
300 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
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0answers
60 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
56 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
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1answer
114 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.
11
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1answer
213 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
171 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
285 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
1answer
74 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.
8
votes
2answers
118 views

In Moses' time, would freeing a slave be harmful to the slave?

Exodus 21:26 is about letting a (Canaanite - Rashi) 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 ...
6
votes
1answer
52 views

Is there an order in repaying loans?

If Reuven borrowed money from several people, and has enough money to pay back all the loans, just not all at the same time (say, for example, if he has money tied up in real estate or something), are ...
2
votes
1answer
107 views

What are the parameters of the prohibition on mesirah? [duplicate]

In many recent high profile cases, (notably in Australia) people who attempt to report sexual abuse of children to secular authorities have been called mosers and ostracized by certain sections of ...
4
votes
1answer
157 views

Is a check considered 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, where the person has to first go to the ...
4
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0answers
24 views

Does a seller acquire each coin one at a time, or all at once?

Let's say i owe someone 5 coins. I hand them to him one at a time. Does he acquire each one as i hand it to him, or does he get all of them after all 5 are in his hand? When exactly does ownership get ...
6
votes
1answer
382 views

Does Judaism ajudicate 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 ...
0
votes
1answer
32 views

Repaying debts with micropayments?

I vaguely recall hearing once that our sages do not view with favor, and have a special name for, the situation where a debtor -- presumably one who can afford to repay his debt within the originally ...
5
votes
3answers
163 views

Can a judge take an equal bribe from both sides?

It says in Choshen Mishpat Siman 9 that it is forbidden for a Dayan (judge) to take a shochad (bribe). What about if a particular Dayan is dealing with a case between Reuven and Shimon, both of whom ...
7
votes
1answer
204 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 ...
5
votes
1answer
88 views

What is/are the Halachic standard(s) of proof

This answer suggests a standard of "beyond a shadow of a doubt". That type of term is very popular from an English Law perspective, which has varying standards of "proof". Among them: Probable cause ...
0
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0answers
83 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 this forbidden, halachically? Even if it is permitted, is there ...
3
votes
1answer
101 views

May a person with a nature of getting angry be a dayan?

I sit in a beis din with a dayan who gets angry very easily. He can't seem to control his anger, causing great anguish to the litigants, and a big chilul Hashem at times. I have been asked to approach ...
6
votes
0answers
55 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 ...
4
votes
2answers
206 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
386 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?
2
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0answers
67 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 ...
10
votes
1answer
136 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, ...
6
votes
1answer
192 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
83 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
110 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
40 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
116 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
159 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
61 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
49 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
133 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
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0answers
64 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
96 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 ...