Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

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1answer
41 views

Is translation of copyrighted material permitted?

Is there any violation in Halacha if someone translates copyrighted material to a dialect for the sole purpose of making it into a book so that people who do not know the dialect could benefit from it ...
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What Jewish monetary laws defy common logic?

While most laws stem from the Sages' logic presented in the Gemmorah, there is a subset of Halochos called Hukim (decrees) that are to be taken without understanding their reasoning. Are there Hukim ...
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Commentaries on aruch hashulchan

Did anyone write a peirush on aruch hashulchan?(on the choshen mishpat part) I am looking for a english or hebrew commentary.
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33 views

What responsibility does a current tenant have to warn a prospective future tenant?

A tenant is leaving the property he had rented at the end of the contract period. The landlord has arranged for prospective future tenants to view the property, while the current tenant is still there....
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85 views

Is “Any laws” better than “No laws”?

One of the seven Noahide laws, applicable to all humankind, is: Establish courts of justice. The implication is that there must be law and order in a healthy society. But these laws can be vicious, ...
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2answers
242 views

Rabbi's liability for giving a wrong psak

Companion question to Questioner's liability for receiving a wrong psak. Let's say that someone asks his Rav, for example, if a certain food is Kosher, and the Rav paskens that it is not, and ...
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Why verbally hurting one's wife is found in Choshen Mishpat?

צריך ליזהר באונאת אשתו לפי שדמעתה מצויה:‏ (C"M 228) I understand that the whole chapter is about fraud (הונאה) and לשון נופלת על לשון, but the question is: Does the fact that haMechaber listed ...
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30 views

What is a refund considered, halachically?

If I return something to the store to get a refund, is that equivalent to declaring the original sale a mekach ta’us, a mistaken sale, and the refund is returning the money which is rightfully mine? ...
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368 views

What are the halakhic considerations when it comes to patronizing a business whose workers are on strike?

Crossing a picket line and patronizing a business whose workers are on strike, against the will of the workers, is a controversial action with some people saying it should never be done. I read an ...
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Estate of a convert whose only possible heir is just that: only a possible heir

The last mishna in chapter 11 of Y'vamos says that if a woman didn't wait long between two marriages and therefore we don't know whether her son, say Samuel, is from the first husband, Aaron, or the ...
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444 views

Is a car considered movable or immovable property?

The Mishnah (Kiddushin 1:5) differentiates between how one acquires movable and immovable property (translation follows Yachin): נְכָסִים שֶׁיֵּשׁ לָהֶם אַחֲרָיוּת נִקְנִין בְּכֶסֶף וּבִשְׁטָר ...
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Taking ownership by writing one's name on an item

A person replaced a 3 seat sofa and took the old one down to the building's Chatzer and willingly Hefkered it. He advertised it online to come and take it for free, mentioning it is in the Chatzer. A ...
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65 views

Convert, Orphan, Widow possible immunity

In Devarim 24:17 לֹא תַטֶּה מִשְׁפַּט גֵּר יָתוֹם וְלֹא תַחֲבֹל בֶּגֶד אַלְמָנָה. ‏You shall not subvert the rights of the stranger or the fatherless; you shall not take a widow’s garment in ...
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124 views

Using a siddur to Daven from in a seforim store

There are many seforim stores that have a minyan for Mincha in the store. If someone were to use a siddur from the store in order to daven with that minyan in a way that there's no perceived damage on ...
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1answer
37 views

Does promising salvation in return to a donation border on fraud?

I have mixed feelings about very common (in Israel) advertisements like this one: (the ad says: "32 orphans are getting married and YOU ARE GRANTED SALVATION"... each one who donates 320 NIS WILL, ...
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25 views

Paying damages for rerouting flood to neighbor's property

Are you obligated to pay for damage done to a neighbor's property if you redirect a river from flooding your property which then hits another house down the street. (i.e. You place sandbags in front ...
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1answer
27 views

Unpaid Guardian Holding Object

If there was no duration assigned originally, when must an unpaid guardian return an object he was protecting? (e.g., Tom guards Harry's money for a couple weeks for free, but when Harry returns to ...
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18 views

How to beware of the prohibition of Ona'a?

When learning about Ona'a (ShuA CM רכ"ז) I notice, that despite the long list of Halochos there are no measures of prevention mentioned either for the seller or the buyer(as far as I could see). I ...
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90 views

Can G-d be put in Charem

I came across this article: The Time Has Come for God to Reveal the Messiah, Says Jerusalem’s Chief Rabbi. The jist of the article that Chief Rabbi Amar and two other Rabbis announced as a ruling ...
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66 views

Who’s stealing from whom?

Reuven is head of an institution and is paid by the board for specific hours of work for the members. Reuven is late every day by 15 minutes. The members complain to the board that Reuven gives 15 ...
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75 views

Shoveling snow on to the neighbor's lawn or the street

Reuven and Shim'on are neighbors. They haven't discussed this matter, and Shim'on isn't available to consult. When Reuven is shoveling snow off of his walk, may he throw it onto Shim'on's lawn? Assume ...
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Do I have first rights to slaughter on the day I buy a child or parent animal?

Rule: וְשׁ֖וֹר אוֹ־שֶׂ֑ה אֹת֣וֹ וְאֶת־בְּנ֔וֹ לֹ֥א תִשְׁחֲט֖וּ בְּי֥וֹם אֶחָֽד׃ However, no animal from the herd or from the flock shall be slaughtered on the same day with its young. If I ...
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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 ...
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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 "...
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25 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 ...
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80 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 ...
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45 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 ...
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39 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 ...
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156 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?
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77 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 ...
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42 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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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1answer
52 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 ...
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1answer
304 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 ...
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138 views

Dayanus taught at the 770 Central Yeshiva

Does anyone know what the Dayanus curriculum is taught at the 770 central Yeshiva today?
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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 ...
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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 ...
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1answer
72 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 ...
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75 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 ...
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104 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 ...
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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 ...
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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 ...
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67 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 ...
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88 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 ...
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64 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 ...