Stack Exchange Network

Stack Exchange network consists of 175 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.

5
votes
1answer
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 ...
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 ...
4
votes
1answer
110 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
1answer
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? ...
2
votes
1answer
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 ...
2
votes
1answer
203 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 ...
1
vote
1answer
49 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
votes
1answer
37 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 ...
-2
votes
1answer
91 views

Copyright issues in apps

Are there be any Halachik issues with regard to using someone else's logo, twitter avatar or the like as part of an app? If it would be okay, would that only be if I don't make any money from the app?...
8
votes
0answers
72 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 ...
7
votes
0answers
93 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. ...
7
votes
0answers
128 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 ...
5
votes
0answers
39 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 ...
5
votes
0answers
111 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
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)? ...
5
votes
0answers
110 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 ...
4
votes
0answers
27 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 ...
4
votes
0answers
45 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 ...
4
votes
0answers
56 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
28 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....
3
votes
0answers
185 views

Is there Ribis in America?

Rav Moshe Feinstein, z"l, is lenient with regard to allowing the loaning of money to a corporation because he maintains that the prohibition of ribis (usury) only applies where there is a shibud haguf ...
3
votes
0answers
92 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: I would assume it is g'neiva because it is not my property. However,...
3
votes
0answers
67 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
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 ...
2
votes
0answers
17 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 ...
2
votes
0answers
34 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 ...
2
votes
0answers
69 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 ...
2
votes
0answers
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 ...
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 ...
2
votes
0answers
116 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
84 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
148 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 ...
1
vote
0answers
33 views

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.
1
vote
0answers
38 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
0answers
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 ...
1
vote
0answers
29 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
vote
0answers
129 views

Dayanus taught at the 770 Central Yeshiva

Does anyone know what the Dayanus curriculum is taught at the 770 central Yeshiva today?
1
vote
0answers
37 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 ...
1
vote
0answers
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 ...
1
vote
0answers
52 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 "...
1
vote
0answers
125 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
81 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 ...
0
votes
0answers
32 views

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 ...
0
votes
0answers
44 views

Are you responsible for your client's/customer's representations of your contract?

A business has a Government contract where the Government pays for all lease expenses. This business wants to enter into a contract with a software developer to develop software, but to structure the ...
0
votes
0answers
119 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 ...
0
votes
0answers
59 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 ...