Questions about the Jewish Code of monetary and civil law.

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11
votes
1answer
200 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
160 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
277 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
66 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.
4
votes
1answer
86 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.
8
votes
2answers
111 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 ...
7
votes
1answer
89 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
45 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
91 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 ...
1
vote
0answers
40 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: Which entity owns the park? Is a law binding if many people don't ...
4
votes
1answer
150 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
votes
0answers
23 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
372 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
30 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
156 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
184 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
77 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
votes
0answers
75 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
95 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
42 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
200 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
374 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?
10
votes
1answer
217 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
59 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
495 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
108 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
190 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
107 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
37 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
155 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
56 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
45 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
112 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
87 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
641 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
59 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
36 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
99 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
65 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
99 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
135 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
78 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
544 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
168 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
145 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 ...
36
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 ...