Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

Filter by
Sorted by
Tagged with
0 votes
0 answers
21 views

is there an exact definition in halachah of what constitutes (1)‘racism,’ or (2)discrimination?

I'm doing some work about the legal definitions of ‘racism’ as part of a wider system of legally recognised forms of ‘discrimination,’ under the UK Equity Act 2010 and later legislation. I wondered if ...
Kleinzahler's user avatar
1 vote
1 answer
70 views

May landlords evict tenants for late payment

According to Halacha, if there is a contract between a tenant and landlord where the tenant will live in the property for however long (for example one year) and the payment will be distributed over ...
Kirk's user avatar
  • 2,855
1 vote
0 answers
71 views
+50

Limited liability in Halacha

According to Halacha, may a Jew sue another Jew through a beit din for the actions of a corporation the other Jew is invested in if that corporation is a limited liability structure under secular law?...
Kirk's user avatar
  • 2,855
0 votes
0 answers
31 views

Is the obligation of parapet on the owner of resident

According to Halacha, is the mitzvah for Jews to establish a parapet on certain types of roofs an obligation on the resident or owner of the property? Is it the same din as a mezuzah?
Kirk's user avatar
  • 2,855
0 votes
0 answers
31 views

To what extent may Jews use natural resources

The tragedy of the commons is a concept that if you have a (generally natural) finite resource with everyone having access to it, it will eventually get overused. My question is, to what extent are ...
Kirk's user avatar
  • 2,855
3 votes
1 answer
148 views

Is onaah prohibited for mitzvah items

According to Halacha, Jews should not overcharge significantly when selling items (Onaah) on the principle it’s bad to price higher than a product’s value. However, there are statements throughout ...
Kirk's user avatar
  • 2,855
0 votes
0 answers
62 views

Does geneivat daat mean guaranteed refund

If someone bought something that was sold to them by means of geneivat daat (though they were not technically lied to), do they have an inherent right to get refunded? By geneivat daat I mean ...
Kirk's user avatar
  • 2,855
2 votes
0 answers
65 views

In Halacha, can you sue for Alienation of Affection?

In old times, there were laws on the books that defined a cause of action called "Alienation of Affections" which, among other things, allowed an aggrieved spouse to sue their spouse's ...
lgshost's user avatar
  • 149
2 votes
0 answers
35 views

Workers’ compensation in Halacha

In secular law, there is something called workers’ compensation, which basically means that employers are obligated to pay for their employees who get injured/sick on the job. This is done to help ...
Kirk's user avatar
  • 2,855
1 vote
0 answers
62 views

Qualified immunity in Halacha

I am curious about whether the concept of qualified immunity (for monetary liability) exists in Halacha. Qualified immunity in secular law generally means one who is a judge or police officer is ...
Kirk's user avatar
  • 2,855
3 votes
0 answers
92 views

When is one exempt from liability when performing a mitzvah

In the Talmud in tractate Bava Kamma 62b a store owner isn’t liable for placing a Hanukkah candle outside, even if it Causes damage to a camel. My question is, does this principle of exemption from ...
Kirk's user avatar
  • 2,855
4 votes
2 answers
633 views

Is it permissible to trespass without damaging someone’s property

According to Halacha, is it permissible to go and trespass on someone else’s property if one doesn’t damage their property? For example, If one is on a trip to work and they can do a shortcut through ...
Kirk's user avatar
  • 2,855
2 votes
0 answers
41 views

Are exaggerated bad reviews subject to nezikin

According to Halacha, if somebody speaks negatively about a product or device in an exaggerated manner (that would constitute Lashon harah) is that subject to Nezikin and actionable in a Beit Din? In ...
Kirk's user avatar
  • 2,855
0 votes
0 answers
54 views

Right to work in Halacha

In secular law, there is a debate as to whether or not a policy known as right to work should exist or whether a policy known as closed shops should exist. To simplify, right to work means you have a ...
Kirk's user avatar
  • 2,855
2 votes
1 answer
90 views

Antitrust in Halacha

In Halacha, is there a notion of antitrust in the sense of there being a problem with a business starting up in an area to compete against another business and buying up that business? Antitrust in ...
Kirk's user avatar
  • 2,855
0 votes
1 answer
56 views

Public nuisance in Halacha

Does Halacha recognize the notion of someone being liable for “public nuisance”? In secular law, a public nuisance is generally defined as someone who is doing something which is significantly ...
Kirk's user avatar
  • 2,855
1 vote
1 answer
101 views

May gentiles acquire other gentiles as slaves

According to Halacha, is a gentile allowed to acquire another gentile as a slave? Jews are allowed to have other Jews be slaves, so does the Same principle apply here? Say that the law allows for it ...
Kirk's user avatar
  • 2,855
3 votes
1 answer
125 views

Is a parent allowed to take items from children over bar/bat mitzvah age but under their jurisdiction

According to Halacha, is a parent allowed to confiscate property from their children if that child is over bar/bat mitzvah age but the age they would be under the parent’s jurisdiction? So is it ...
Kirk's user avatar
  • 2,855
2 votes
0 answers
44 views

Does fiduciary responsibility exist in Halacha

Putting aside Dina D’malchuta Dina, is someone liable for violations of fiduciary responsibility in Halacha. So does Halacha have a notion of fiduciary responsibility (which means not poorly managing ...
Kirk's user avatar
  • 2,855
2 votes
0 answers
19 views

Does halacha define/suggest appropriate fees for the executor of an estate?

Is there a halachic figure on how much is appropriate for the executor to keep for their trouble in dealing with the estate? (I know the Gemara talks about selecting an Apotropos, fiduciary, if none ...
Shalom's user avatar
  • 132k
1 vote
0 answers
120 views

Should a laymen learn Choshen mishpat?

Should a layman learn Choshen Mishpat even if he's not aiming for Dayanus and doesn't own a business? Or just stick to Orach Chaim and Yoreh Deah? I'm not trying to pasken, this is just a general ...
user avatar
2 votes
1 answer
87 views

Is there a problem with gender pay discrimination

Inspired by this question I am curious if there is any issue in Halacha or anything else with paying (Jewish) women less than (Jewish) men or vice versa? Since there is a mitzvah to do business with ...
Kirk's user avatar
  • 2,855
3 votes
0 answers
48 views

Dina D’malchuta Dina when it contradicts halachic liability

Does the Halacha of Dina D’malchuta Dina apply to cases where the government law is more lenient than Halacha in liability cases? For example, say someone does something which accidentally leads to ...
Kirk's user avatar
  • 2,855
1 vote
1 answer
93 views

Onaah with variations of an item

There is a Halachic prohibition of Onaah, overcharging the price of a commodity in a market above market price (Choshen Mishpat 227). Halacha does permit setting a high pricing on new types of goods ...
Kirk's user avatar
  • 2,855
1 vote
0 answers
70 views

Are Jewish adjudication DAOs Jewish? [closed]

Is a majority Jewish owned arbitration market/adjudication DAO considered to be a Jewish court? What about a 100% Jewish-owned arbitration market? Does it matter if the market is "mishpat Ivri&...
הראל's user avatar
  • 2,545
10 votes
1 answer
589 views

Scam baiting in Halacha

Some people engage in scam baiting, which is intentionally wasting time of scammers so that said scammers aren't spending their time actually scamming real victims. Is this allowed? It involves a lot ...
Rabbi Kaii's user avatar
  • 8,871
4 votes
1 answer
382 views

Colonialism and Halacha

In halacha, is it considered “stealing” for a nation to colonize another piece of land if that piece of land doesn’t have a system of property rights. For example, the Americans colonizing the ...
Kirk's user avatar
  • 2,855
0 votes
2 answers
170 views

Hatarat nedarim for shomrim

If someone makes a vow to someone else to become either a shomer chinam or shomer Sakhar for someone else’s property can they do hatarat nedarim for that (assuming of course they inform the person and ...
Kirk's user avatar
  • 2,855
0 votes
0 answers
232 views

Does the Gemara teach that Jews are allowed to kill gentiles but not vice versa?

The Gemara challenges: But wherever there is liability for capital punishment, this tanna teaches it; as it is taught in the first clause: With regard to bloodshed, if a gentile murders another ...
Bob's user avatar
  • 247
1 vote
0 answers
67 views

Handing oneself in

I would like to know if one is obligated to hand oneself in to authorities if one committed a crime/sin and nobody caught them? I would like to make this as general a question as the rules of the site ...
Rabbi Kaii's user avatar
  • 8,871
2 votes
0 answers
142 views

Must an employer pay a living wage

In the USA many employees can’t afford to see a doctor because of the many bills, yet their employers are rich. Are there sources in Judaism that require that an employer must provide for an employee ...
Raul Valdez Jr.'s user avatar
0 votes
2 answers
136 views

Which laws were for just Israelites and which laws for Israelites and non proselyte foreigners

I have few specific verses and doubts related to them: Leviticus 20:1-6 explicitly mentions that the particular law was to be followed by an Israelite and equally by a non proselyte Gentile. Lev 20:1-...
Now's user avatar
  • 31
2 votes
0 answers
84 views

Which Mosaic laws did Nehan foreigners (immigrants that were not proselytes) had to follow while staying in Israel (long or short term)

I would like to know what Mosaic laws were non-proselyte residents in ancient Israel expected to keep? I'll break that question for more clarity: Did the non-proselyte have to follow at least Noahide ...
Now's user avatar
  • 31
4 votes
1 answer
75 views

Hashavas Aveida with changing forfeiture status

In an instance in which an object is found prior to forfeiture by despair ( Ye'ush) the finder is obligated to return the item. However, in an instance in which despair is presumed either implicitly ...
user28684's user avatar
3 votes
0 answers
76 views

Are gentiles accepted as witnesses by a Beis Din in civil law arbitrations?

I assume a gentile is not kosher to give eidus in general, (women, minors etc excluded - kal vekhomer gentiles..) although I may be mistaken. But in a civil case brought before a beis din for ...
Mark C's user avatar
  • 51
1 vote
2 answers
57 views

A sefer that lists halachic/legal principles?

Is there a resource or sefer that lists halachic/legal principles found in the Gemara? Examples of the principles I am referring to includes, מצות עשה דוחה לא תעשה, עוסק במצוה פטור במצוה, etc.
Yaakov Pinchas's user avatar
1 vote
0 answers
28 views

Who pays for extra time spent on a defective product?

The scenario: a guy charges $50 an hour, offers to replace a computer disk with a bigger one. For convenience, he also buys the new drive for the client from a supplier. After three hours of work (...
Al Berko's user avatar
  • 25.9k
4 votes
3 answers
269 views

Overview of Choshen Mishpat; please recommend sefer

I am not familiar enough with the laws of Choshen Mishpat. Can I please have a recommendation for a summary sefer that would give me an overview of the subject before going on to learning in Sh O ...
Avrohom Yitzchok's user avatar
2 votes
0 answers
80 views

Is one allowed to use neighbor's overhanging tree branches for schach?

The Shulchan Aruch in CM 155:26 rules that if the neighbor's overhanging tree branches present a nuisance, one is allowed to cut them until the property line. Is one allowed to cut these branches if ...
user avatar
3 votes
1 answer
147 views

Hodaas Baal Din - Kinunya

Generally הודעת בעל דין כמאה עדים דמי, MiGzeiras Hakosuv. However, in a case of שחב לאחרים, where his admission to debt or the like would cause others some loss, the baal din still has Neemonus, ...
Reb Moishe's user avatar
6 votes
1 answer
208 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
92 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
646 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
  • 692
1 vote
0 answers
70 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
  • 17.7k
3 votes
1 answer
129 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
  • 17.7k
6 votes
1 answer
344 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
  • 17.7k
-1 votes
1 answer
120 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
401 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

1
2 3 4 5 6