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Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

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5 votes
2 answers
441 views

Colonialism and Halacha

In halacha, is it considered “stealing” for a nation to colonize another piece of land if that piece of land doesn’t have a system of property rights. For example, the Americans colonizing the ...
3 votes
2 answers
398 views

Reasons behind the פטור of בעליו עמו

As per פרשת משפטים פרק כ”ב פסוק י”ד, when one borrows an item and the owner of the item does work for the borrower at that time, the borrower is exempt from paying for anything that happens to the ...
0 votes
1 answer
91 views

Is there a biblical or rabbinical prohibition to commit mortgage fraud?

To simplify the question, assume a situation where the lender is a Jew. If it doesn't fall under the rules of Geneiva, is it possible it's Oshek? And in the case of a non-Jewish lender, does the rule ...
1 vote
2 answers
163 views

What are the laws of workers

BH Hi I know that there are certain laws of avadim (slaves) for example how a Jew should be merciful, etc, when having avadim, although now that slavery is highly not accepted around most areas of the ...
3 votes
1 answer
72 views

Maharshal on halachah vs secular law

This page says: Rabbi Shlomo Luria, nearly 500 years ago, argued that with the exception of great moral deficiencies like murder, stealing and deception, the Torah mostly describes behavior between ...
1 vote
1 answer
93 views

Do you force a people to build a wall with Material made in Modern Times?

In the first Mishna of Bava Basra, it says Makom she Nahagu Livnot Gvil Gazit Cafisin Levinin ... Bonin Ha Kol Ke Minhag Hamedina. A place where it's customary to build Gvil Gazit Cafisin Levinin we ...
1 vote
0 answers
54 views

Did the ancient Israelite Kings appoint royal justices?

Did the ancient Israelite Kings appoint royal justices? If so, how is this distinct from the medieval practice of appointing beurim in certain medieval Jewish communities? And what powers were these ...
8 votes
3 answers
221 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 ...
3 votes
1 answer
210 views

What is the halachic status of a loan from the public library?

When you borrow something from the (secular) library, does it follow the same halacha as a loan from one Jew to another?
1 vote
0 answers
32 views

Is there liability for late delivery

According to halacha, if somebody orders something and the company which delivers it promises it by a certain deadline, is there financial liability if they deliver past that deadline? Assuming of ...
1 vote
0 answers
38 views

Right to repair in Halacha

Does Halacha have a perspective on the right to repair movement? Basically it is a movement to allow people who purchase goods to have the right to repair goods, whereas others argue businesses which ...
2 votes
1 answer
83 views

Does mesirah apply to the secular state of Israel

The Halacha of mesirah prohibits Jews turning fellow Jews over to non Jewish governments and law enforcement. However, does it prohibit turning fellow Jews to the secular state of israel, which is ...
1 vote
1 answer
59 views

Do beit dins have the right to disbar Jewish attorneys

According to Halacha, does a beit din have the jurisdictional authority and right to disbar Jewish lawyers? Furthermore, do they have the right to prevent them from being lawyers in secular courts ...
2 votes
0 answers
95 views

Limited liability in Halacha

According to Halacha, may a Jew sue another Jew through a beit din for the actions of a corporation the other Jew is invested in if that corporation is a limited liability structure under secular law?...
1 vote
0 answers
57 views

is there an exact definition in halachah of what constitutes (1)‘racism,’ or (2)discrimination?

I'm doing some work about the legal definitions of ‘racism’ as part of a wider system of legally recognised forms of ‘discrimination,’ under the UK Equity Act 2010 and later legislation. I wondered if ...
1 vote
1 answer
74 views

May landlords evict tenants for late payment

According to Halacha, if there is a contract between a tenant and landlord where the tenant will live in the property for however long (for example one year) and the payment will be distributed over ...
0 votes
0 answers
31 views

Is the obligation of parapet on the owner of resident

According to Halacha, is the mitzvah for Jews to establish a parapet on certain types of roofs an obligation on the resident or owner of the property? Is it the same din as a mezuzah?
3 votes
0 answers
92 views

When is one exempt from liability when performing a mitzvah

In the Talmud in tractate Bava Kamma 62b a store owner isn’t liable for placing a Hanukkah candle outside, even if it Causes damage to a camel. My question is, does this principle of exemption from ...
0 votes
0 answers
31 views

To what extent may Jews use natural resources

The tragedy of the commons is a concept that if you have a (generally natural) finite resource with everyone having access to it, it will eventually get overused. My question is, to what extent are ...
3 votes
1 answer
154 views

Is onaah prohibited for mitzvah items

According to Halacha, Jews should not overcharge significantly when selling items (Onaah) on the principle it’s bad to price higher than a product’s value. However, there are statements throughout ...
3 votes
1 answer
134 views

Is a parent allowed to take items from children over bar/bat mitzvah age but under their jurisdiction

According to Halacha, is a parent allowed to confiscate property from their children if that child is over bar/bat mitzvah age but the age they would be under the parent’s jurisdiction? So is it ...
0 votes
0 answers
62 views

Does geneivat daat mean guaranteed refund

If someone bought something that was sold to them by means of geneivat daat (though they were not technically lied to), do they have an inherent right to get refunded? By geneivat daat I mean ...
2 votes
0 answers
72 views

In Halacha, can you sue for Alienation of Affection?

In old times, there were laws on the books that defined a cause of action called "Alienation of Affections" which, among other things, allowed an aggrieved spouse to sue their spouse's ...
2 votes
0 answers
38 views

Workers’ compensation in Halacha

In secular law, there is something called workers’ compensation, which basically means that employers are obligated to pay for their employees who get injured/sick on the job. This is done to help ...
1 vote
0 answers
67 views

Qualified immunity in Halacha

I am curious about whether the concept of qualified immunity (for monetary liability) exists in Halacha. Qualified immunity in secular law generally means one who is a judge or police officer is ...
4 votes
1 answer
86 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
2 answers
648 views

Is it permissible to trespass without damaging someone’s property

According to Halacha, is it permissible to go and trespass on someone else’s property if one doesn’t damage their property? For example, If one is on a trip to work and they can do a shortcut through ...
2 votes
0 answers
41 views

Are exaggerated bad reviews subject to nezikin

According to Halacha, if somebody speaks negatively about a product or device in an exaggerated manner (that would constitute Lashon harah) is that subject to Nezikin and actionable in a Beit Din? In ...
0 votes
0 answers
55 views

Right to work in Halacha

In secular law, there is a debate as to whether or not a policy known as right to work should exist or whether a policy known as closed shops should exist. To simplify, right to work means you have a ...
2 votes
1 answer
93 views

Antitrust in Halacha

In Halacha, is there a notion of antitrust in the sense of there being a problem with a business starting up in an area to compete against another business and buying up that business? Antitrust in ...
0 votes
1 answer
62 views

Public nuisance in Halacha

Does Halacha recognize the notion of someone being liable for “public nuisance”? In secular law, a public nuisance is generally defined as someone who is doing something which is significantly ...
1 vote
1 answer
116 views

May gentiles acquire other gentiles as slaves

According to Halacha, is a gentile allowed to acquire another gentile as a slave? Jews are allowed to have other Jews be slaves, so does the Same principle apply here? Say that the law allows for it ...
2 votes
0 answers
45 views

Does fiduciary responsibility exist in Halacha

Putting aside Dina D’malchuta Dina, is someone liable for violations of fiduciary responsibility in Halacha. So does Halacha have a notion of fiduciary responsibility (which means not poorly managing ...
2 votes
0 answers
22 views

Does halacha define/suggest appropriate fees for the executor of an estate?

Is there a halachic figure on how much is appropriate for the executor to keep for their trouble in dealing with the estate? (I know the Gemara talks about selecting an Apotropos, fiduciary, if none ...
1 vote
0 answers
123 views

Should a laymen learn Choshen mishpat?

Should a layman learn Choshen Mishpat even if he's not aiming for Dayanus and doesn't own a business? Or just stick to Orach Chaim and Yoreh Deah? I'm not trying to pasken, this is just a general ...
5 votes
1 answer
136 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)? ...
2 votes
1 answer
93 views

Is there a problem with gender pay discrimination

Inspired by this question I am curious if there is any issue in Halacha or anything else with paying (Jewish) women less than (Jewish) men or vice versa? Since there is a mitzvah to do business with ...
7 votes
3 answers
263 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, ...
1 vote
1 answer
96 views

Onaah with variations of an item

There is a Halachic prohibition of Onaah, overcharging the price of a commodity in a market above market price (Choshen Mishpat 227). Halacha does permit setting a high pricing on new types of goods ...
3 votes
0 answers
53 views

Dina D’malchuta Dina when it contradicts halachic liability

Does the Halacha of Dina D’malchuta Dina apply to cases where the government law is more lenient than Halacha in liability cases? For example, say someone does something which accidentally leads to ...
1 vote
0 answers
71 views

Are Jewish adjudication DAOs Jewish? [closed]

Is a majority Jewish owned arbitration market/adjudication DAO considered to be a Jewish court? What about a 100% Jewish-owned arbitration market? Does it matter if the market is "mishpat Ivri&...
3 votes
1 answer
149 views

Hodaas Baal Din - Kinunya

Generally הודעת בעל דין כמאה עדים דמי, MiGzeiras Hakosuv. However, in a case of שחב לאחרים, where his admission to debt or the like would cause others some loss, the baal din still has Neemonus, ...
10 votes
1 answer
605 views

Scam baiting in Halacha

Some people engage in scam baiting, which is intentionally wasting time of scammers so that said scammers aren't spending their time actually scamming real victims. Is this allowed? It involves a lot ...
6 votes
1 answer
197 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 ...
0 votes
2 answers
171 views

Hatarat nedarim for shomrim

If someone makes a vow to someone else to become either a shomer chinam or shomer Sakhar for someone else’s property can they do hatarat nedarim for that (assuming of course they inform the person and ...
7 votes
2 answers
366 views

Are kickbacks prohibited?

Would a person be allowed to give/take bribes to a person responsible for purchasing in a company? Would it be forbidden directly as "shochad" (bribery) or under a general prohibition of ...
10 votes
1 answer
633 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 ...
0 votes
0 answers
283 views

Does the Gemara teach that Jews are allowed to kill gentiles but not vice versa?

The Gemara challenges: But wherever there is liability for capital punishment, this tanna teaches it; as it is taught in the first clause: With regard to bloodshed, if a gentile murders another ...
6 votes
5 answers
272 views

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 ...
26 votes
3 answers
1k views

Is ad-blocker software permissible?

Kalashnikover_Rebbe at hashkafah.com asked: Isn't blocking ads stealing? The people put them on the sites for a reason. He elaborated: On one hand, the argument can be made that [forum XYZ] is ...

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