Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

1
vote
0answers
32 views

Where's the Ketzos Hachoshen about hashava?

I remember many years ago learning a ketzos who quotes an acharon (with a name similar to sason, I think) that the monetary obligation incumbent on a thief flows from the torah's commandment to return ...
1
vote
1answer
46 views

Is there an “implied” liability for damages caused after something was fixed?

You had a leak under your kitchen sink. You called someone to fix the broken pipe. The person fixes it and makes sure that the pipe no longer leaks. You use the sink "normally" (i.e., you didn't "...
1
vote
0answers
24 views

Do sales follow the common usage of the term, or the Gemara’s usage?

Yoma 44b-45a says there are seven types of gold: gold, good gold, Ophir gold, Mufaz gold, Shachut gold, Sagur good, and Paryavam gold, and proceeds to explain what they are. Let’s say that Reuven ...
-1
votes
1answer
69 views

Shipping a package to an empty house

Are there any sources in Halacha that would suggest shipping a package to a random house in my neighborhood that no one lives in and taking the package is a sin? (The house is for sale, also you ...
2
votes
0answers
44 views

If a mega on-line company ships you two of an item when you ordered one and charges you for one, are you obligated to notify them of the error? [duplicate]

Let's say you place an order for three items A, B, and C. You order quantity one of each, but get two of item B, because the company shipped from multiple warehouses (i.e., shipped two of the item by ...
4
votes
1answer
38 views

Who owns the air above a balcony (to build a Succah)?

Contemporary buildings in Jerusalem for Haredim are built in such a manner, that the balcony of the first floor extends to, say, 20 feet, 2nd floor 17 feet, 3rd floor 14 etc, so each one has 3 feet of ...
2
votes
1answer
148 views

Amazon sent extra book, should I return it? [closed]

I ordered one book from Amazon, but received two (of the same). Should I return it?
5
votes
1answer
74 views

May someone cordon of an area of a public place for his own use and not let others come within that area

May someone cordon of an area of a public place for his own use and not let others come within that area. 1- May one make a show performance etc. in a public place and only allow people who pay to ...
3
votes
2answers
39 views

Are signed contracts binding after death for payments to be paid out over time?

Let’s say Reuven signed a contract that binds him to pay Shimon $100 per month, for 30 months. Reuven dies after, say, 15 months. What is Reuven’s heirs’ responsibility toward Shimon? Do they have to ...
4
votes
0answers
81 views

Hackintosh in Halacha

A Hackintosh is a bootlegged version of Apple's macOS loaded onto a computer that has not been manufactured by Apple and doesn't have a license to run macOS. According to Apple's macOS license, I. ...
0
votes
0answers
26 views

Upon whom lies the obligation to seek out the most reasonably priced repairman for damages done?

If someone damaged someone else's property, and it can be repaired, upon whom lies the obligation to seek out the most reasonably priced repairman, on the person who did the damage, (the מזיק), since ...
-1
votes
1answer
30 views

If …אין אדם נוגע במוכן לחבירו, then why is there an איסור of השגת גבול / יורד לאומנות חבירו to infringe on someone else's parnasah?

Gemara Yoma 38b גמרא יומא לח עמוד ב אין אדם נוגע במוכן לחבירו... אפי' כמלא נימא Everyone has a portion designated for him by God, and the individual is privileged to receive what is coming ...
2
votes
0answers
32 views

Can someone make a neder [vow] not to have any benefit from the area near the exit of someone else's house while he is in that house?

If a person invites someone into his house, and the invitee makes a neder [vow] not to have any benefit [ מודר הנאה] from any area near an exit of his host's house, Is the neder valid. If so, can he ...
4
votes
1answer
179 views

Who pays for replacement korban?

When the kohen does an avodah shelo l'shma and the baal must bring another, who pays for the second animal?
6
votes
1answer
71 views

Can someone demand the return of a gift that was not used properly?

Let's say my friend tells me that he needs $2,000 to pay his rent. I give him the money and tell him that I expect that he use this money only to pay the rent. I discover that he eventually used the ...
6
votes
1answer
46 views

Borrower loses one item of a set or pair - what do they pay?

If I lend out a pair of items, and the borrower loses one, are they required to pay the estimated value of the object lost, or the replacement cost? For example, suppose I lent out a pair of Walkie ...
2
votes
1answer
295 views

Internet shopping after browsing in a store

This question is acutely relevant today. You are shopping for something. Your plan is to go to a lot of brick-and-mortar stores, see the item, feel it, ask the salespersons lots of questions, then ...
1
vote
0answers
100 views

Dayanus taught at the 770 Central Yeshiva

Does anyone know what the Dayanus curriculum is taught at the 770 central Yeshiva today?
6
votes
2answers
64 views

Why are the halachot of Ribit (interest) in Yoreh Deah

The halachot of ריבית seem to be a monetary issue having to do with borrowing, lending, and general business issues. As such it seems like they should be in חושן משפט, but they're not - they're in ...
1
vote
1answer
29 views

Are a shomer sachar and a nosey sachar synonyms?

In a couple areas of Bava Kamma and Bava Metziah I've seen the term נושא שכר listed with a shomer chinam, a socher, and a sho'el. Is the noseh sakhar a synonym for a shomer sachar, or are these ...
3
votes
1answer
69 views

Bought stolen watch that a Gentile stole from another Jew

If i bought a watch from a gentile and then a few weeks later another Jew, with verifiable proof that this was his grandfathers watch, claims it was stolen, am i obligated to return the watch to this ...
2
votes
0answers
61 views

Hezek re'iyah and dina d'malchusa

Assuming all the necessary local zoning permits were received, can a Jewish institution or individual build a construction (such as a school playground) with a view of private property (e.g., a ...
3
votes
2answers
97 views

When is desiring another man's property permitted

Reading the Rambam Hilchot G'zela V'aveda Halacha 9-10: Anyone who covets a servant, a maidservant, a house or utensils that belong to a colleague, or any other article that he can purchase ...
4
votes
0answers
26 views

Is there such a thing as losing your Chazaka on contracts?

Let's say I come to court, claiming that I bought field A with a contract. That contract was found to be a forgery. I lose. I come back the next day, saying that within the past day I bought the ...
1
vote
0answers
30 views

In modern Beis Din, can one Toen VeChozer VeToen?

The Gemara (Bava Basra 31a) says that one can change his claim (somewhat) as long as he didn't leave court, since we suspect that someone taught him new claims: ומודי עולא היכא דא"ל של אבותי ולא של ...
2
votes
0answers
63 views

Sanhedrin Redefining the simple translation of a Passuk

The Sanhedrin are empowered with the capability of defining a certain word or verse in the Torah through a Drasha exegesis (cf. Hilkhot Mamrim 1:3). Firstly, does this mean that before the Sanhedrin ...
2
votes
0answers
53 views

Why don't sellers have to clean their measures after every use?

In daf yomi I came across this mishna on Bava Batra 88a (quote with glosses is from Sefaria): A storekeeper, who constantly sells merchandise in small quantities, cleans his measuring vessels twice ...
1
vote
0answers
58 views

Double refund on a purchase

Take the following hypothetical scenario: I bought an item from a third-party retailer. The item was faulty, so I reached out to the manufacturer for a refund. The manufacturer didn't respond, so I ...
2
votes
0answers
42 views

Why can't a Jew be the agent of a non Jew

I was told in an answer to one of my questions that in Shulchan Aruch Hoshen Mishpat 188:1) it says Jew cannot be the agent of a non Jew and I saw it again in this schul handout below. What is the ...
4
votes
2answers
130 views

Ribbis and Ona'ah in Monopoly

In a game like Monopoly, where the "money" is absolutely worthless, would charging ribbis (interest) or ona'ah (overcharging/undercharging) be permissible? That is, if a player owned, say, ...
7
votes
1answer
65 views

Safek Leket Leket vs. Hamotzi Mechaveiro

On the one hand, the Mishnah (Pe'ah 4:11) records that doubtful leket goes to the poor. (Yes, I am aware that R' Meir says that. The Tosfos Yom Tov holds that everyone holds of that in principle and ...
3
votes
1answer
84 views

Onaah and the Black Market

The issur of onaah applies when one charges more than an additional sixth of the market price. Does one have to take into account competition with black market prices (where goods in this case are ...
4
votes
2answers
120 views

How could laws related to “private life” be enforceable in Ancient Israel?

Obviously, mitzvot that are broken publicly, or that are found out carried with them enforceable punishments -- such as execution for murder or adultery, or retribution for theft or usury. However, my ...
2
votes
1answer
43 views

Progressive Tax and Onaah

Is there an issue of a (halachic) government taxing individuals on the basis of their income?
2
votes
1answer
288 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 ...
2
votes
1answer
135 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 ...
0
votes
1answer
35 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 ...
5
votes
3answers
94 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 ...
4
votes
0answers
40 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 ...
13
votes
2answers
2k 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
81 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 ...
5
votes
1answer
48 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 ...
4
votes
0answers
50 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 ...
3
votes
1answer
80 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 ...
5
votes
1answer
89 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 falsehood)?...
-1
votes
1answer
36 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 looking ...
1
vote
0answers
51 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
380 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 ...
5
votes
2answers
140 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 ...
7
votes
1answer
192 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 ...