Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

24
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3answers
926 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 XYZ] ...
11
votes
4answers
889 views

what are the limits of “mesira”?

It seems that most people have an idea that you cannot report a Jew to the non-Jewish authorities (police, government, etc) except for extreme circumstances (imminent danger, abuse, etc). However, ...
7
votes
4answers
602 views

Patents in Halacha?

If someone invents something new (and unique), does Judaism recognize that he has ownership over the invention [for x years]?
16
votes
1answer
256 views

How much must one do to to sign a contract?

Nowadays most software comes with a EULA. In order to install the software one must click the "agree" button. However, there are some software that says are distributed through different licenses. For ...
5
votes
1answer
294 views

What to do with stolen objects which are impossible to return?

If an object was stolen in one's childhood or teenage years, without knowledge of the laws regarding stealing (or not caring), if this object is impossible to return, either because the person has ...
9
votes
1answer
421 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 ...
7
votes
2answers
291 views

Self-defense (in a case of one's capital, not a capital case)

There is a well known rule that if A is threatening B's life, B may kill A, if necessary, to prevent that. Is there any such rule in non-capital cases? Specifically: If A is threatening B with ...
6
votes
3answers
270 views

Is there any issue except for Dina Dmalchusa in counterfeiting money?

If someone were to find a way to make exact forgery of currency (in such a way that it would be impossible for anyone to find that it's counterfeit), would there be any prohibition to do so (except ...
15
votes
2answers
503 views

Can a book with ancient text really be copyright?

Pick up your local chumash, siddur or gemara. Open it to the front page. There it is, the dreaded ©. But to me that seems quite odd. Can the text of the actual davening or talmud really be ...
11
votes
3answers
500 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?
7
votes
2answers
362 views

Do non-Jews inherit?

Inspired by this question. If a non-Jew dies, do his children (or other inheritors) automatically assume possession of his properties (karka), loose items (metaltelin), and debts the way Jewish ...
5
votes
1answer
96 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
vote
2answers
126 views

Scratch on a car: liability if panel was later paid by another

If someone scratches my car door and then later a second person knocks it off completely and the second person has to compensate, is the first person who scratched the door still responsible to pay me?...
10
votes
1answer
164 views

Limits to Financial Dina Dmalchusa

What are the limits of Dina Dmalchusa (specifically financial Dina Dmalchusa, unlike this question which deals with non-financial dina dmalchusa)? In general, dina dmalchusa means one must pay taxes ...
15
votes
3answers
2k 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 ...
10
votes
3answers
167 views

Can a Beit Din invalidate Kiddushin nowadays?

According to DoubleAA, R' Shechter says that any three people have a right to declare items hefker through Hefker Beis Din Hefker. According to that, why doesn't an average Beis Din have a power to ...
8
votes
1answer
253 views

Riches found in a purchased item. Return or keep it?

A young rabbi reportedly found nearly $100,000 in a desk he'd purchased second-hand on Craigslist, and subsequently returned the money. Is this story about a Kiddush HaShem, or a Hassid Shoteh (...
3
votes
3answers
575 views

Pirating software

I have heard from numerous people that there are opinions within Orthodox halacha that permit using pirated computer software. I have never seen this sourced or printed anywhere but only things like "...
18
votes
2answers
275 views

The two stamp question

One man owns two of the only very expensive stamps in the world. Let us say each stamp was worth a million dollars. A second man comes along and destroys stamp one. The catch is that now according to ...
17
votes
6answers
1k 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 ...
14
votes
2answers
161 views

Are Jewish Court Rulings subject to appeal?

Is there such a thing as an appeal in Jewish law, or are rulings issued by Jewish courts absolutely final?
13
votes
1answer
280 views

Does a child own what he's implicitly given by his parents?

I assume that when a parent owns an object and a child uses it, it remains the property of the parent's absent any intent/declaration on the parent's part to grant it to the child (and absent an act ...
8
votes
1answer
314 views

Neighbors inappropriate mail

If I see a neighbors inappropriate mail, am I allowed to throw it out?
8
votes
2answers
154 views

Attaching Conditions to a Sale

If I sell someone an item (e.g. an orange), and I attach a condition (e.g. "you may not make orange juice"), is it successfully binding? What happens if that someone does violate the condition (e.g. ...
3
votes
2answers
184 views

Non responsibility for Damages on Purim

Why is one not required to pay if one causes damage on Purim? Does it apply in all situations?
2
votes
5answers
145 views

Mi.ShAino.Yodeya [closed]

Which halachah [hint:Choshen Mishpat] applies to "mi sh'aino yodeya"? (I ran across this last night researching another question)
13
votes
4answers
578 views

“Is the market-based distribution of income fair or unfair?”

This post, by a leading economist, lists the main differences on economic policy between the right and left-leaning economists. On many economic issues, Judaism does not necessarily take a clear ...
45
votes
7answers
3k 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 ...
15
votes
1answer
548 views

What Halachot apply to serving on jury duty?

Halachically, what are the responsibilities of one who is called to jury duty? What if one of the litigants is Jewish, and the halacha would find differently than civil law does in the case, are you ...
11
votes
4answers
350 views

Is there a concept in Jewish law similar to a corporation?

In modern law, a corporation, according to Black's Law Dictionary, is an "artificial person or legal entity created by or under the authority of the laws of a state or nation . . . ordinarily ...
8
votes
1answer
422 views

Does Judaism adjudicate 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 ...
11
votes
2answers
349 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 ...
9
votes
1answer
716 views

Who asked Rav Moshe about capital punishment?

There is an interesting t'shuva in Igros Moshe Choshen Mishpat vol.2 #68 (pt. 1 pt. 2) in which he explains the extreme rarity of capital punishment in Jewish law, especially in modern times. It is ...
8
votes
0answers
74 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 ...
20
votes
4answers
1k 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 ...
16
votes
2answers
378 views

Insurance against משיח

According to this rather amusing blog post, there is apparently a common clause in rental contracts in Jerusalem, called the Messiah clause, in which, when a landlord outside of Israel rents out a ...
15
votes
3answers
738 views

Are parents responsible if their children damage in a store?

If a parent brings a child (defined as under 13 for a boy and under 12 for a girl) into a store, and that child damages an item, is the parent responsible to pay? Would it matter if the child simply ...
11
votes
2answers
311 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 ...
11
votes
2answers
177 views

Is Dina D'Malchusa a din in Gavra or in Cheftza?

Let's say that Reuvain owes Shimon money in American law, and Dina Demalchusa applies, does that mean: Reuvein has a halachic monetary obligation to Shimon which is as strong as any other obligation, ...
11
votes
1answer
692 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 ...
9
votes
3answers
448 views

Stealing from a thief

If someone steals a previously stolen item from the thief is he guilty? Would it matter if he was stealing it only to return it to its original owner, or if the second thief was the original owner?
8
votes
3answers
385 views

How is one allowed to live in Israel?

When Yehoshua came to Israel, he conquered it and divided it among the Jews. This land belongs to them and their descendants. When the Jews were exiled many years later and came back (by the 2nd Beis ...
7
votes
1answer
127 views

Diamonds in the coffee

A friend requests that you take a jar of Coffee to Israel and you happily oblige. On the way to your destination the jar cracks, so you just buy a replacement. Later you find out that the can ...
6
votes
5answers
563 views

Is it Gezel Sheinah for a teacher to wake up a student in class?

Yes, it's a little tongue-in-cheek, but it occurred to me while reading the question on stealing a parents tuition by skipping, and I think that there is a real benefit in the question. Is it Gezel ...
6
votes
1answer
544 views

Following 'the spirit of the law' vs 'the letter of the law'

My question has several parts, and I'd love to hear your thoughts for all parts: What are the responsibilities of a Jew regarding the following of laws in general? Is it permissable to follow the ...
5
votes
0answers
70 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)? ...
4
votes
1answer
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 ...
20
votes
3answers
412 views

Can I lend out a Library Book?

I just borrowed a wonderful book from the local library (let's assume Jewish library - but does it matter?). My friend sees the book and wants to read it. My library lets me keep the book for a week, ...
12
votes
1answer
209 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 ...
10
votes
3answers
151 views

Do our sources address the question of intellectual property vs the public good?

The NYTimes recently ran a piece about a malnourishment treatment that could save lives in Africa, but one company owns the recipe and controls it tightly. (See the article, I apologize if I'm not ...