Questions about the Jewish Code of monetary and civil law.

learn more… | top users | synonyms (1)

6
votes
1answer
56 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 ...
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 ...
6
votes
0answers
51 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 ...
6
votes
0answers
63 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, ...
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 ...
5
votes
0answers
111 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 ...
5
votes
0answers
137 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 ...
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 ...
4
votes
0answers
47 views

responsibility for passing on a virus (medical)

Would one be obligated to pay any of the five types of damages paid upon wounding someone, if they were to infect that someone with a viral/bacterial disease, whether through: Peshia (negligence)? ...
3
votes
0answers
32 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 ...
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
0answers
44 views

May an employer dismiss an employee to pressure him in a non–work-related matter

Without discussing whether the particular case currently in the news actually qualifies as the situation I’m describing, consider the following case: In his private life, an employee of mine is ...
2
votes
0answers
51 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 ...
2
votes
0answers
54 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 ...
2
votes
0answers
92 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 ...
2
votes
0answers
65 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 ...
1
vote
0answers
57 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 ...
1
vote
0answers
62 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 ...
1
vote
0answers
100 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 ...
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 ...
0
votes
0answers
36 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 ...