Questions tagged [choshen-mishpat-civil-law]
Questions about the Jewish Code of monetary and civil law.
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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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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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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 ...
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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 ...
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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 ...
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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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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'...
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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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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?
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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 purchase ...
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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 ...
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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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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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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 ...
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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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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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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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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 ...
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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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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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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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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 ...
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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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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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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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In auctions today are you still obligated after being out-bid?
A mishna on Erchin 27a discusses buying land back after it has been consecrated. It says that if one offered ten selas, another twenty, etc. up to one who offered fifty, and then that last guy ...
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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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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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Substituting security deposit for final month's rent
A friend of mine who practices law gave me the following advice:
Do not pay your final month's rent. Instead, tell your landlord to keep the security deposit as your last month's rent. That way, if ...
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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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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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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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Could this passage have any relevance to artificial intelligence?
I've seen numerous different discussions online about how to handle artificial intelligence with regards to moral laws. How should we, as orthodox Jews, dispatch of these problems? I turn to this law ...
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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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Handling Conflict between Jewish and Civil Law
This question is an offshoot from the one titled "Questions about Polygamy in Jewish Law and Culture"
Taking under the knowledge that the previous question was well answered with an observation:
It's ...
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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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What kind of physical damage affects a contracts validity (if any)?
This question had a picture of a Ketuba with some damage to the paper.
In Jewish Law, what kind of damage would invalidate a contract? In that Ketuba, for example, the standard text is ripped, but ...
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Investing in Halacha
Does anyone know some halachik sources that discuss investing in stocks? There are many potential issues. For example, do you need to worry (about ribbis) if your money is used to lend with interest? ...
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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 ...
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How could laws related to "private life" be enforceable in Ancient Israel?
Obviously, mitzvot that are broken publicly, or that are found out carried with them enforceable punishments -- such as execution for murder or adultery, or retribution for theft or usury. However, my ...
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Does one require a non-Jew to use beit din
Often, Jewish organizations have as a contract clause that employees agree to take issues to beit din and not (or at least, before) secular courts. But if the employee is not Jewish, is that employee'...
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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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Liability for stealing one shoe
Suppose Alice has a pair of shoes, worth $100. Bob steals one of the shoes and destroys it. Setting aside any special penalties, If Bob is caught and found liable, does he have to pay Alice back $50 ...
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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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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 ...
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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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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 ...
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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 ...
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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 ...
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