Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

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11
votes
1answer
391 views

Why is the talmud concerned about judges being swayed by each other only for capital cases?

Sanhedrin 4:2 teaches that in a monetary case or one involving (im)purity, judges give their opinions starting with the most senior, while in a capital case they begin with the most junior. In the g'...
5
votes
1answer
48 views

Understanding the split payments for embarrassment in Kesubos 6:1

Kesubos 6:1 says: מְצִיאַת הָאִשָּׁה וּמַעֲשֵׂה יָדֶיהָ, לְבַעְלָהּ. וִירֻשָּׁתָהּ, הוּא אוֹכֵל פֵּרוֹת בְּחַיֶּיהָ. בָּשְׁתָּהּ וּפְגָמָהּ, שֶׁלָּהּ. רַבִּי יְהוּדָה בֶן בְּתֵירָא אוֹמֵר, בִּזְמַן ...
2
votes
0answers
53 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
43 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 ...
4
votes
1answer
124 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 ...
2
votes
3answers
98 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 ...
1
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0answers
37 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.
4
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0answers
36 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....
4
votes
1answer
86 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, ...
4
votes
2answers
246 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 ...
12
votes
2answers
216 views

Status of Paper Money as Currency

According to this question, Maasar Sheni cannot be redeemed using paper money. That certainly seems to be the common assumption, but is that discussed anywhere? Is paper money the same as banknotes, ...
0
votes
0answers
34 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 ...
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 ...
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? ...
12
votes
1answer
371 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 ...
4
votes
2answers
369 views

Do any communities have the non-Jew come get some of his chametz?

There is an established practice to sell one's chametz (leavened products) to a non-Jew over Passover to avoid the biblical prohibition of a Jew owning chametz during the festival. Unfortunately, ...
9
votes
1answer
72 views

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 ...
4
votes
3answers
119 views

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 ...
13
votes
4answers
283 views

In the Bible, why did robbers bother tunneling into houses to rob them?

Exodus 22:1 speaks about the robber who was found "tunnelling in" to someone's house (vis-a-vis self-defense). Is that just a figure of speech, or did they actually go to that much trouble? (What ...
1
vote
1answer
448 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 ...
10
votes
2answers
286 views

Saving Parking Spots

Reuven calls Shimon to ask if Shimon may stand inside a parking spot and reserve it until Reuven gets there in five minutes. While standing there, Levi pulls up and directs Shimon to vacate the spot ...
2
votes
2answers
125 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 ...
14
votes
3answers
436 views

What is the halachic status of things in outer space?

Is everything in outer space hefker? For example if a private person lands on the moon or an asteroid can he be koneh it? Do you retain the rights to something that you send into space?
5
votes
1answer
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 ...
2
votes
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, ...
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
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 ...
2
votes
0answers
19 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 ...
5
votes
2answers
121 views

Is there a stated freedom to contract?

In the United States (and other countries), there is the notion of the freedom to contract. This is the idea that two people of sound mind have the right to enter into any contract with one another ...
2
votes
3answers
205 views

How Overcharging or Undercharging (Ona'a) is figured?

The Halacha of Ona'a is that if an item was sold for more than 1/6 difference in real value the buyer and or seller can cancel the sale. How is Ona'a figured on for example fresh salmon? There are ...
3
votes
1answer
64 views

How is Ona'a (overcharging) determined? [duplicate]

Partially inspired by this question I would like to know exactly how ona'a (over/underchanging by more than 1/6th) is determined. For example tap water is free and in many parts of the united states ...
0
votes
1answer
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 ...
7
votes
2answers
180 views

Is an ex-employee allowed to work with the customers of his former employer?

Shimon works for Business A, he has access to the contact information of all the clients and is responsible for interacting with them. Moreover, he knows how much each client is paying for Business A'...
1
vote
1answer
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 ...
14
votes
2answers
163 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?
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
2answers
45 views

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 ...
46
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 ...
-1
votes
1answer
39 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 ...
1
vote
1answer
50 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 "...
10
votes
3answers
169 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 ...
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 ...
0
votes
1answer
81 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 ...
3
votes
1answer
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?
2
votes
2answers
320 views

Genevas Daas (deception) with a gift

The Shach in YD Siman 117 Sif-Katan 13 writes, דאין במתנה משום גניבת דעת With regard to a gift there is no problem of "genevas daas" (deception). The Shach writes this in regard to selling a ...
2
votes
0answers
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 ...
4
votes
1answer
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 ...
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 ...
15
votes
1answer
552 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 ...
3
votes
2answers
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 ...