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Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

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6 votes
1 answer
214 views

Hacking paywalls on newsites?

Many news websites (NY Times, Wall Street Journal, Washington Post etc.) make use of paywalls which pop up after the visitor starts reading the article requiring the visitor to pay in order to ...
DonCorleone's user avatar
1 vote
0 answers
151 views

Amazon driver left my package at the wrong address, can I retrieve it?

Amazon delivered my order to my Jewish neighbor's front porch. Until the item is on my property Amazon still owes me that item. A person's property can be used for a kinyan. What are the limits of ...
DonCorleone's user avatar
2 votes
1 answer
93 views

May one bill two clients for the same hour

If Reuven is paying Levi an amount per hour to do a task and Reuven already began doing it but he needs to wait for a computer to process and it'll take an hour or two to complete. May Levi do work ...
Geltman's user avatar
  • 1,426
1 vote
2 answers
716 views

What is the halacha about lying to a Non-Jew?

Can one lie to a non Jewish person? If the answer is Yes, are there certain cases where you can't?
Russell's user avatar
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1 vote
0 answers
75 views

Overly broad definition of Chametz in sale contract

I was reviewing the language of a mechirat chametz contract I had been sent and noticed some unusual specific language defining the parameters of the sale: ...The term 'Chometz' shall refer to any ...
Loewian's user avatar
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3 votes
1 answer
139 views

Can one sell chametz during a pandemic

The halachic transfer of property between parties (chaloth kinyan) conventionally involves a physical exchange of a tangible object (maaseh kinyan). For example, the rabbi of the synagogue I used to ...
Loewian's user avatar
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6 votes
1 answer
346 views

Tuition obligation during corona crisis

Is one obligated to continue to pay tuition to a Jewish day school when it closes due to an unforeseen/unforeseeable situation, such as the current coronavirus pandemic? (Assume a standard school ...
Loewian's user avatar
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-1 votes
1 answer
125 views

What ages could a "rebellious son" be?

Deuteronomy 21 gives a rule regarding rebellious sons. When a man has a wayward, rebellious son, who does not obey his father and mother, they shall have him flogged. If he still does not listen to ...
Ray Butterworth's user avatar
3 votes
0 answers
105 views

Is it forbidden to buy bad merchandise in order to get a refund?

The background: I bought neodymium magnets from China off of ebay. The magnets were NOT neodymium and the item was not as good as I expected. This is a common Chinese practice on ebay. The Chinese ...
Clint Eastwood's user avatar
2 votes
2 answers
418 views

Justice, mercy and halacha?

The prophet Micah said: Micah 6:8 It has been told you, O man, what is good and what the Lord requires of you: Only to act justly [‘asot mishpat], to love mercy [ahavat chesed], and to walk ...
Maurice Mizrahi's user avatar
6 votes
1 answer
185 views

Secular law vs. Halacha: is this theft?

In a case where secular law is at odds with Halacha, and one goes to a secular court to claim that which he is entitled to in secular law but not by Halacha, I know that he is transgressing chilul ...
Mordechai's user avatar
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10 votes
2 answers
1k views

Black? I ordered it dyed red!

The משנה in בבא קמא‎ (9:4, as explained by the רע״ב and קהתי) says that if I give wool to a dyer to dye red, and he dyes it black instead, then he must return the black wool to me, and I must pay him ...
msh210's user avatar
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12 votes
1 answer
453 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'...
Monica Cellio's user avatar
1 vote
1 answer
63 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 ...
Rh Haokip's user avatar
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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 ...
Al Berko's user avatar
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1 vote
0 answers
107 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.
Asher's user avatar
  • 410
4 votes
0 answers
49 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....
Joel K's user avatar
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4 votes
1 answer
129 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, ...
Maurice Mizrahi's user avatar
4 votes
2 answers
304 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 ...
DonielF's user avatar
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0 votes
0 answers
45 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 ...
Al Berko's user avatar
  • 26k
3 votes
1 answer
94 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? ...
DonielF's user avatar
  • 34.4k
12 votes
1 answer
462 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 ...
Daniel's user avatar
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9 votes
1 answer
101 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 ...
msh210's user avatar
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1 vote
1 answer
803 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 ...
DonielF's user avatar
  • 34.4k
4 votes
3 answers
129 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 ...
Al Berko's user avatar
  • 26k
2 votes
1 answer
122 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 ...
Daniel Ross's user avatar
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3 votes
2 answers
151 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 ...
Moshe's user avatar
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2 votes
1 answer
60 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, ...
Al Berko's user avatar
  • 26k
2 votes
0 answers
32 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 ...
NJM's user avatar
  • 14.3k
2 votes
1 answer
32 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 ...
NJM's user avatar
  • 14.3k
2 votes
0 answers
38 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 ...
Al Berko's user avatar
  • 26k
0 votes
1 answer
134 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 ...
Daniel Ross's user avatar
  • 1,981
1 vote
1 answer
104 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 ...
Daniel Ross's user avatar
  • 1,981
0 votes
0 answers
37 views

Difference between "בני העיר" and "בני המדינה"

Shu"a C"M 231, 27: "רשאים בני העיר לקוץ להם שער לכל דבר שירצו ולהתנות ביניהם שכל מי שיעבור קונסים אותו כך וכך: " ibid 15: "בני מדינה שרצו להוסיף על המדות או על המשקלות לא יוסיפו יותר על שתות" ...
Al Berko's user avatar
  • 26k
4 votes
1 answer
100 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 ...
Isaac Moses's user avatar
  • 48.2k
4 votes
2 answers
59 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 purchase ...
Dr. Shmuel's user avatar
2 votes
0 answers
83 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 ...
Dr Yitz's user avatar
  • 21
1 vote
1 answer
74 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 "...
DanF's user avatar
  • 70.7k
1 vote
0 answers
32 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 ...
DonielF's user avatar
  • 34.4k
0 votes
1 answer
140 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 ...
Anonymous111122's user avatar
2 votes
0 answers
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 ...
Michael Goldshteyn's user avatar
4 votes
1 answer
75 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 ...
Al Berko's user avatar
  • 26k
3 votes
1 answer
174 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?
user17798's user avatar
5 votes
1 answer
105 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 ...
RibbisRabbiAndMore's user avatar
3 votes
2 answers
77 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 ...
DonielF's user avatar
  • 34.4k
11 votes
1 answer
273 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. ...
Rafael's user avatar
  • 1,373
1 vote
0 answers
42 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 ...
RibbisRabbiAndMore's user avatar
-1 votes
1 answer
60 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 ...
RibbisRabbiAndMore's user avatar
2 votes
0 answers
58 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 ...
RibbisRabbiAndMore's user avatar
4 votes
1 answer
195 views

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?
Richard's user avatar
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