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Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

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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 ...
Avrohom Yitzchok's user avatar
11 votes
4 answers
426 views

Is there a concept in Jewish law similar to a corporation?

In modern law, a corporation, according to Black's Law Dictionary, is an "artificial person or legal entity created by or under the authority of the laws of a state or nation . . . ordinarily ...
Bruce James's user avatar
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5 votes
1 answer
232 views

Is it permissible to embarrass a thief?

Here's a story I witnessed: Someone trying to get his car out of the public parking lot next to his building found his way out blocked by two cars parked right on the ramp out, whose owners went into ...
Shraga's user avatar
  • 2,160
8 votes
3 answers
498 views

How is one allowed to live in Israel?

When Yehoshua came to Israel, he conquered it and divided it among the Jews. This land belongs to them and their descendants. When the Jews were exiled many years later and came back (by the 2nd Beis ...
ertert3terte's user avatar
  • 40.6k
5 votes
1 answer
301 views

Magazine not delivered - what are they responsible for?

If someone has a subscription to a Jewish weekly or magazine or newspaper (for example: Mishpacha, Binah, Ami, Jewish Press, Yated, Hamodia, etc.) and they are supposed to deliver on a specific day of ...
Gershon Gold's user avatar
1 vote
0 answers
95 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 ...
Bruce James's user avatar
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5 votes
3 answers
225 views

Can a judge take an equal bribe from both sides?

It says in Choshen Mishpat Siman 9 that it is forbidden for a Dayan (judge) to take a shochad (bribe). What about if a particular Dayan is dealing with a case between Reuven and Shimon, both of whom ...
Yehoshua's user avatar
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12 votes
2 answers
501 views

Is it halachically permissible to click on contextual ads with no intention of buying?

Contextual ads are those ads you see when you do a search on Google. The advertisers only pay if someone actually clicks on their ad. It seems "pashut" to me that clicking an ad if you know you're not ...
Shraga's user avatar
  • 2,160
8 votes
2 answers
131 views

Dressing similarly at a Din Torah - When did this change and why?

Gemara Shevuos 31a says that if two people come to Bais Din one dressed in rags and the other dressed in expensive clothing, we make them dress similarly. Sefer Hachinuch Mitzva 235 indicates that ...
Gershon Gold's user avatar
3 votes
1 answer
127 views

Receiving money for a day's work, considering it to cover a debt?

I will pose this general question by presenting the following scenario: Reuvan works for Shimon. One time, at the end of the day, when Shimon came to pay Reuvan for that day's work (which was $100.), ...
Yehoshua's user avatar
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4 votes
2 answers
189 views

Using a Stamp from an RSVP Card

Many invitations come with return card envelopes that are already affixed with proper postage. Suppose, the recipient of such a card has no intention of replying (or decides to reply by some other ...
yydl's user avatar
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2 votes
2 answers
376 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 ...
Yehoshua's user avatar
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15 votes
3 answers
489 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?
user avatar
4 votes
1 answer
210 views

Who is responsible for damage to something that was used at the owner's request?

Suppose you ask someone to use something that belongs to you, so that you can benefit from their use of it. For example, you (voluntarily) give a camera to someone you know to take a picture (of you)....
JAM's user avatar
  • 223
3 votes
1 answer
163 views

Woman giving away husbands money

The gemorah in Moed Katan Daf 8a says, אמר רב כהנא אמר רב יהודה אמר רב מעשה באדם אחד שכינס מעות לעלות לרגל ובא ספדן ועמד על פתח ביתו ונטלתן אשתו ונתנתן לו ונמנע ולא עלה Rav Kahana said in the name of ...
Yehoshua's user avatar
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16 votes
2 answers
460 views

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 ...
Seth J's user avatar
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11 votes
2 answers
363 views

El Al Airfare error and Halachah

What are the Halachic implications of yesterday's El Al airfare snafu? In brief, El Al's air tickets were being sold online very cheap for a while; the price was later corrected, and El Al claimed the ...
Seth J's user avatar
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10 votes
3 answers
277 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 ...
ertert3terte's user avatar
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4 votes
1 answer
145 views

Does a borrower-lender / borrower-bailor have a claim against his borrower/bailee?

If a shoel (someone who borrowed non-fungible personalty) re-lent the borrowed item to a further borrower (which he may not do), the original borrower (i.e., the relender) is liable to the original ...
msh210's user avatar
  • 73.4k
11 votes
2 answers
222 views

Is Dina D'Malchusa a din in Gavra or in Cheftza?

Let's say that Reuvain owes Shimon money in American law, and Dina Demalchusa applies, does that mean: Reuvein has a halachic monetary obligation to Shimon which is as strong as any other obligation, ...
ertert3terte's user avatar
  • 40.6k
10 votes
1 answer
630 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 ...
ertert3terte's user avatar
  • 40.6k
13 votes
1 answer
312 views

Does a child own what he's implicitly given by his parents?

I assume that when a parent owns an object and a child uses it, it remains the property of the parent's absent any intent/declaration on the parent's part to grant it to the child (and absent an act ...
msh210's user avatar
  • 73.4k
8 votes
1 answer
359 views

Transfer of loan / mortgage from non-Jew to Jew

What happens if a Jew borrows money on interest from a non-Jew, and then the lender turns around and sells the debt to a Jew? (Such transactions are very common in the mortgage industry.) Is it ...
Dave's user avatar
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11 votes
1 answer
350 views

Is it acceptable to use software which incidentally blocks ads?

A question on this site on whether ad-blocking software is permissible suggests that the answer is that it probably, but not definitely, is acceptable. I don't use ad-blocking software myself, but I ...
TRiG's user avatar
  • 781
8 votes
1 answer
172 views

Animal rights vs other considerations in halacha and hashkafa

On a boat, Reuven owns five ostriches and one of them eats a diamond off of Shimon's hat which is on his head. Though we are not sure which one ate it we know with certainty that one of them did. ...
shmuel price's user avatar
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?
user avatar
8 votes
2 answers
268 views

Do you have to pay if you damage someone in order to stop them from sinning?

There is a story in Brachos where R' Ada bar Ahava ripped a Karbalta (a red non-tznius garment) off a woman, and then discovered that she was not Jewish. He then was fined for that act 400 zuz. He ...
ertert3terte's user avatar
  • 40.6k
9 votes
1 answer
179 views

Does one have to return the specific bills that one stole?

If one stole a hundred dollars in regular cash (e.g. no rare bill editions), and still has those bills, does he have to return those particular bills or can he return any hundred dollars?
ertert3terte's user avatar
  • 40.6k
6 votes
1 answer
133 views

What is the Halachah if someone lost an object despite efforts to protect it?

If someone charged with guarding an object took protective precautions, but it nonetheless disappeared, what is the Halachah? Let us assume they were not paid for their guardianship, nor were they ...
EEE's user avatar
  • 427
7 votes
2 answers
472 views

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 ...
Baal Shemot Tovot's user avatar
6 votes
2 answers
344 views

Are robo-calls permitted?

A robo-call is an automated phone call that does not involve a human caller. The majority of these are uninvited solicitations (either for money or votes), and these are the ones I'm asking about. ...
Monica Cellio's user avatar
4 votes
2 answers
599 views

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 ...
Andrei Freeman's user avatar
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 ...
unforgettableidSupportsMonica's user avatar
6 votes
2 answers
246 views

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 ...
Monica Cellio's user avatar
8 votes
1 answer
249 views

Product liability in halacha

What does Judaism say about product liability? That is, if I sell someone a product and — because it was manufactured poorly or not as advertised — the purchaser sustains damage, to what ...
msh210's user avatar
  • 73.4k
16 votes
1 answer
335 views

How much must one do to to sign a contract?

Nowadays most software comes with a EULA. In order to install the software one must click the "agree" button. However, there are some software that says are distributed through different licenses. For ...
ertert3terte's user avatar
  • 40.6k
22 votes
2 answers
541 views

Does Jewish Law Recognize Bankruptcy?

If someone borrowed money and then declared bankruptcy, does he still have a halachic obligation to pay it back? If the lender was a corporation (bank, etc.). If the lender was a friend. Do we say ...
ertert3terte's user avatar
  • 40.6k
7 votes
2 answers
384 views

Can I defend my animals with lethal force?

We know that it is permitted, in self-defense, to kill one who is trying to kill you, and I have heard that this applies to other people too (I see someone trying to kill someone else and I intervene)....
Monica Cellio's user avatar
4 votes
1 answer
133 views

Using physical force to get past a passive blockader

Suppose that Billy wants to enter a building that he's legally entitled to enter, but Augustine places himself in front of the building's entrance in such a way that Billy cannot enter without coming ...
Isaac Moses's user avatar
  • 48.2k
7 votes
2 answers
415 views

Stealing from or causing damage to a third party to save life or limb

Suppose Fred is in danger of death or injury, and the most direct way to avoid that fate involves stealing or damaging property belonging to Ernie, an uninvolved person. Examples: Fred is being ...
Isaac Moses's user avatar
  • 48.2k
8 votes
3 answers
385 views

Self-defense (in a case of one's capital, not a capital case)

There is a well known rule that if A is threatening B's life, B may kill A, if necessary, to prevent that. Is there any such rule in non-capital cases? Specifically: If A is threatening B with ...
msh210's user avatar
  • 73.4k
4 votes
1 answer
119 views

A worker who did Shich'cha

If a worker forgot a sheave in a field, thereby making it Shich'cha (one of the gifts which the owner of the field must leave to the poor), does he have to pay back the owner?
ertert3terte's user avatar
  • 40.6k
1 vote
1 answer
173 views

No one's ticket collected on the train: destroy?

This is a rolloff of this question: Train ticket not collected: destroy? IF one is on a train that is too packed for any conductor to go on. Or it is a day where there is bad whether and the ...
Naftali's user avatar
  • 1,741
17 votes
6 answers
2k views

Train ticket not collected: destroy?

Assuming a train line where single-ride tickets are normally collected or cancelled manually by train crew circulating among seated passengers, and it is physically possible to use them later if they ...
yitznewton's user avatar
  • 3,403
4 votes
1 answer
122 views

Is one allowed to sell a forged painting?

One makes an exact carbon-copy (perfect copy, in such a way that one will never be able to tell the difference between an original and a copy. For arguments sake, lets say through witchcraft) of (say) ...
ertert3terte's user avatar
  • 40.6k
6 votes
3 answers
314 views

Is there any issue except for Dina Dmalchusa in counterfeiting money?

If someone were to find a way to make exact forgery of currency (in such a way that it would be impossible for anyone to find that it's counterfeit), would there be any prohibition to do so (except ...
ertert3terte's user avatar
  • 40.6k
16 votes
3 answers
2k views

Is it permitted to take extra food from a buffet?

If you're at a hotel and there is a buffet meal, and you can take as much as you want, is there any problem taking a few extra rolls or any of the food back to your room for later? I assume if I'm not ...
Mark's user avatar
  • 1,464
7 votes
1 answer
79 views

Why can't a minor's rights to eat while harvesting crops be waived?

The Torah grants workers who are harvesting a field to consume some of it while on the job. The Mishna in Bava Metzia (7:6) points out that a worker can waive his Biblically-granted rights, and make ...
Shalom's user avatar
  • 134k
5 votes
2 answers
122 views

Am I allowed to use borrowed money for something else?

Reuven goes to his good friend Shimon and tells him that he needs $10,000 for X. Shimon naturally agrees. Reuven then realizes that he needs the money for Y instead. Is Reuven allowed to use the ...
yydl's user avatar
  • 38.6k
15 votes
3 answers
906 views

Are parents responsible if their children damage in a store?

If a parent brings a child (defined as under 13 for a boy and under 12 for a girl) into a store, and that child damages an item, is the parent responsible to pay? Would it matter if the child simply ...
yydl's user avatar
  • 38.6k

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