תניא נמי הכי המדיר את אשתו שלא תשאל ושלא תשאיל נפה וכברה ריחים ותנור יוציא ויתן כתובה מפני שמשיאה שם רע בשכינותיה
Someone who imposes a vow on his wife that she may not borrow or lend her kitchen utensils like sieve, mill, oven etc. must divorce his wife and pay her Kesuba because he makes a bad name for his wife among her neighbours
The Shevet Halevi, Vol. 10:133, was asked this question and he says that if one buys eggs which turn out to have blood spots it should be considered a מקח טעות (a mistaken purchase), but the custom is not to consider it a מקח טעות because it is impossible to determine the nature of the eggs before they are sold.
And if one borrowed eggs and some of them had ...
There is no indication that שמלה refers to an exclusively women's garment. All indications are that it does not (actually as @avi pointed out it does not really even mean a garment per se); from other verses throughout the Torah and from this verse itself - if שמלה alone meant an exclusively women's garment, the verse would not need to modify שמלת אשה and ...
The gemara in Bava Kamma 117b brings a machlokes between R' Elazar and the Sages.
If someone steals (gozel) a field, what happens if the field is then flooded? R' Elazar holds that the thief must replace the victim's loss by buying him another field elsewhere. The Sages say the thief merely says "Here is your land".
R' Elazar holds karka is nigzeles while ...
This is not a command, it is a blessing that will occur as a result of following the halachos of Shmittah which preceded this verse. It is not that you will be forbidden to borrow, but that you will be totally independent and not need to borrow. Indeed, you will be so free and affluent that others who need will come to you for help.
Rav Hirsch translates ...
Shulchan Aruch O.C. 14:4 states that one may borrow someone's tallit without permission. Rema adds that this rule applies to tefillin, as well.
However, this article states that this assumes a few factors, most notably that the borrowing is occasional and the borrower has no reason to suspect that the owner may object to his borrowing his tefillin.
In the ...
In The Laws of Ribbis (chapter 4, section D, paragraph 25, page 88), Rabbi Yisroel Reisman writes:
It is important that both the borrower and lender keep accurate records of how much is owed. When records are not kept, there may be uncertainty regarding the balance which is owed. In this case, the borrower may pay the lender an amount of money which is ...
However, two pesukim later, we see וְלֹא-יִלְבַּשׁ גֶּבֶר שִׂמְלַת אִשָּׁה (and a man shouldn't wear a woman's dress) — apparently, a dress is an exclusively female piece of clothing
I disagree with your logic.
וְלֹא-יִלְבַּשׁ גֶּבֶר שִׂמְלַת אִשָּׁה does not mean that a שמלה is exclusively a woman's clothing. I would understand simlah in that case to mean ...
The answer, in short, is that it is allowed, and there's no problem of Ribbis.
Basically, Ribbis only applies where the money somehow flows from the borrower back to the lender. It does not matter if there's a third-party involved: if that third-party is being sent by the borrower, Ribbis would still apply.
In this case, however, the one paying the Ribbis ...
This would not be prohibited through the laws of the land, since the First Sale Doctrine (17 United States code section 109(a))exhausts copyright lending laws at the point of sale.
Normal copyright laws in halacha cover the profits from something, not the use of the object itself (Chasam Sofer Choshen Mishpat 49). Therefore, if you aren't profiting, it ...
Shulchan Aruch CM 396:9 says (my own loose translation):
מסרו השומר לשומר אחר, והיזק - חייב; ששומר שמסר לשומר חייב. אפילו שומר
חנם שמסר לשומר שכר, ואם הזיק - חייב השומר הראשון לשלם לניזק וילך לעשות
דין עם השומר השני.
If a shomer gave the item to a second shomer and it was damaged - he is responsible; as the rule is that, "A shomer who gives over ...
Even if such a database existed, in the case of the Gemara it would not have helped the purchaser. The Gemara (12b) sets up the concern of this case to be that the document was written, but then not given to the borrower until later, in which case a purchase made between the time it was written and the time it was given would in reality not be subject to ...
The Chinuch (580) addresses a slightly different but related question:
ואולי יעלה במחשבתך בני לאמר, ואיך ימנע אדם מהלואה לעולם מפני זה, ולמה נכתב על זה לאו, והלא בידו להתנות עמו על מנת שלא תשמיטנו בשביעית, וכדרך שאנו עושין תמיד בשטרותינו? אל יבהילך דבר זה, כי התורה תזהירנו בדברים, ואף על פי שאפשר בתקנות ותנאים.
And perhaps you, my son, might think ...
Let's assume the question is the color of the garment, not the stripes. There is actually some (small) halachic basis for such an argument (in addition to whatever "soft" concerns about distraction, disruption, or the like.)
Rambam's opinion is that if the whole tallit is pink/red/grey/yellow, then the strings (except for the techelet one) should be pink/...
Assuming that you know 100% a non-Jew will be on duty, and assuming that scanning books is forbidden on Shabbat.
I think it would depend:
If you have to have the book returned by Shabbat - or else incur a fine - then you are essentially asking the non-Jew to process your book now.
Asking, hinting or otherwise getting a non-Jew to do work for you on Shabbat ...
Your question has two components:
A) Not paying back the debt on time.
B) Paying back in a manner that has a lot of "processing" expenses for the creditor.
a) In a functioning halachic world, if one doesn't pay his debts, the beit din can confiscate his assets or enslave him if he doesn't have any.
b) In "The laws of Ribbis" 6:18 it says that "service ...
This site says
Just like there is strong language when it comes to giving loans,
Jewish law also uses strong words for those who take loans without the
means or the intention to repay them.
and quotes Rambam Hilchos Malveh veLoveh 1:3 writes (with my emphasis):
Similarly, it is forbidden for a borrower to take a loan and use it when
it is ...
You write "assuming that there are no heirs or other take-over companies ..."
This is quite an assumption! One cannot just make an estimation regarding the heirs. Thus there are Halachos regarding the steps to take in such an event.
If it is clear that the object is Hefker (i.e. no heir has a legitimate claim for ownership), regardless of who owned it in ...
Bava Kamma 97a/b, last line. Rav says you must pay back value, Shmuel says you can pay back even that currency and say "go spend it where it works". And even Shmuel only meant when you could get to such a place. I would presume that a with regards defunct currency that wont work anywhere, even Shmuel would agree that you must pay back value. The halachah (...
Your question was asked here.
The question was
As a Company we accept payments from customers made via their credit
cards. We are charge by the bank for each transaction a fee of 0.67%
of the transaction.
1. Can this fee be on charged to the customer?
The answer was
Adding on the charge that you incur from the Credit Card company is
As a general rule, in monetary matters, there is no difference between dealing with Jews or non-Jews; and in both cases the (written or oral) agreement between the parties is binding.
Notable exceptions are:
Ribis: One can never charge interest to a fellow Jew; certain types of interest are allowed when dealing with non-Jews. See the Rambam in הלכות מלווה ...
The Shulchan Aruch Hilchos Ribbis Yorah Deah Siman 161 Sif 11 states that a loan document that stipulates interest - regardless if the nature of the interest could be categorized as forbidden according to the Torah or a Rabbinical prohibition - can be used to collect the principle of the loan only and not the interest on the condition that it's obvious from ...
The Mitzva of lending a person money is based on the pasuk "Im Kesef Talveh Ess Ami" (You Shall Lend Money To My People) (Shemos 22:24)
However the lender has a right to demand proper collateral for his loan to guarantee that it will be paid back in a timely manner. If the lender is not satisfied with the guarantees provided, he has no obligation to lend, ...
There is a disagreement amongst the authorities what happens if the lender has given up hope ("ye'ush) of retrieving the debt, is the debt cancelled out, or does it remains. I have written an article on this in Hebrew. You can read it in the following link:
The torah actually does permit taking a poor man's garment as pledge for a loan. However, Devarim 24:13 says it must be returned to him at night -- he needs it to sleep in. The text here is not specific about the type of garment, but from context it sounds like it would be a wrap, cloak, or other item that could serve as a blanket.
וְאִם-אִישׁ עָנִי, הוּא-...
Firstly, we already learned in a Kesuvos (Ch. 9 Mishna 10) that רַבִּי עֲקִיבָא אוֹמֵר, אֵין מְרַחֲמִין בַּדִּין - family ties, poverty and pity play no role when deciding who gets paid first.
Your question is somewhat dependant on whether the various people are asking for payment, in what order they ask for payment and whose due date is first.
If they all ...
He should not make a b'racha on the borrowed talis-gadol.
If he will later that day get his own talis-gadol, he should then put his own on with b'racha, as if it had been tisha b'av.
Regarding the talis-katan, it depends on several disagreements among authorities, and therefore goes accordig to the person-in-questions's accepted shitos:
If he holds that a ...
The standard behavior was for the loaner to hold on to the document, and then present it to beit din when the appropriate time arrived (the halacha requires either the borrower or the witnesses to testify to it being valid).
A few examples:
הוציא עליו שטר מקויים
שמא ימות ונמצא השטר ביד היורש וגובה בו את הרבית
לוה שכתב שטר בכתב ידו והעיד בו עדים ונתנו למלוה
Assuming that at some point you were supposed to return the object, then when the due-date passed you were technically stealing that object.
As we see in the Rambam הלכות גזלה ואבדה - פרק שמיני, you may not keep items that you stole in your possession; be it a son who stole from his late father or one who stole from a convert who has no relatives.
It would ...