11 votes
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What's the difference between נכסי צאן ברזל and נכסי מלוג?

The difference is discussed extensively in the eighth perek of Ketubot. נכסי מלוג refers to assets that a woman brings into the marriage, or which falls to her as either an inheritance or as a gift ...
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10 votes
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Using someone else's employee discount

I would think that the normal assumption for an employee discount would that it would be for the personal use of the employee and not for his friends and not for him to do business with. I am ...
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10 votes
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What are the chief sources for requiring Jews to litigate in a beis din rather than in a civil court?

There's a whole article by Rabbi Yaacov Feit about this in the Journal of Beth Din of America, vol. I called, unsurprisingly, "The Prohibition Against Going to Secular Courts." It begins: The Torah ...
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  • 127k
10 votes
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Why is the talmud concerned about judges being swayed by each other only for capital cases?

Tosafot on Sanhedrin 36a s.v. dinei nefashot is bothered by your question as to why we're not concerned that junior judges can't argue on the senior judge in monetary cases. They suggest two possible ...
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  • 38.5k
10 votes

Black? I ordered it dyed red!

I understand that this Halacha reflects the economic realities of the Mishna, where pretty much everyone was producing small handicraft and traded them. It could reasonably be assumed that you could ...
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  • 1,767
9 votes

Does Judaism adjudicate cases involving mental anguish?

The Talmud in Bava Kama 91a talks about inducing panic in someone -- "our courts can't charge the person, but Heaven will take him to task." I would assume the same would apply here, at first glance. (...
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9 votes
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What is the halacha about lying to a Non-Jew?

No. Deceiving anyone including a non-Jew is strictly forbidden. Even if the non-Jew suffers no loss.And even if the deception is not explicit lying. The Gemora (Chullin 94A)says: “Shmuel says, it is ...
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  • 3,610
8 votes

Which beis din can declare items Hefker?

Encyclopedia Talmudit discusses this question, at the entry "הפקר בית דין," section ד. Some ראשונים hold1, based on the gemara Gittin 36b, that הפקר בית דין can only be done with a בית דין of the ...
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8 votes
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Liability for stealing one shoe

The sefer Shaarei Daas on Bava Kama says that to destroy one shoe is not considered as damage to the other shoe, for the lack of one shoe does not destroy or maintain the viability of the second shoe. ...
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8 votes
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Must you inform someone if you know you could save them from losing money?

According to R Tzvi Spitz in his book, Cases in Monetary Halacha, yes you do. He brings the following points Just as there is a mitzvah to return lost objects to their owner, so it is obligatory to ...
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  • 43.6k
8 votes

Pirating software that has already been bought

When you purchase a DVD like you are describing, there is a 'terms of use' agreement, a 'terms and conditions' of sale and multiple copyrights (often in compliance with different jurisdictions around ...
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  • 12.4k
8 votes
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Do I have first rights to slaughter on the day I buy a child or parent animal?

Shulchan Aruch Yoreh De’ah 16:6 writes that as soon as one sells an animal, he may not slaughter its offspring/parent that day, as the sale is done with the intent that the purchaser may slaughter the ...
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7 votes

Status of Paper Money as Currency

Chatam Sofer Yoreh De'ah 134 writes pretty definitively that paper money is considered money for virtually all purposes: אבל גדר המטבע הוא שגזר המלך עליו שתצא ומי שממאן מלמכר וליקח באותו המטבע ...
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7 votes
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Why are the halachot of Ribit (interest) in Yoreh Deah

See here for an interesting point on this. However, the facts remain: the laws of ribbit are found in Yoreh Deah (which deals with what is permitted and what is forbidden), whereas ona’ah is ...
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7 votes
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Using a siddur to Daven from in a seforim store

No. One who borrows an item without permission from the owner is conidered a gazlan (שואל שלא מדעת גזלן), and like all cases of stealing, must return the item (והשיב את הגזילה אשר גזל). He is not ...
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  • 7,331
6 votes

Status of Paper Money as Currency

Rav Asher Weiss has a teshuvah about use of paper money for pidyon ha-ben. The basis for the question is that the Gemara (Bechoros 51a) states that one may not use shtaros for pidyon ha-ben because ...
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6 votes

How does Jewish Law look upon the concept of Abgefeimt?

There is a grest deal of Jewish literature on Business Ethics. But to the point of your question see this article at Jewish Law from where I abstracted this quote under HONESTY IN THE MARKETPLACE....
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6 votes

How do you "take someone to beis din"?

According to Beth Din of America, Reuvain can end up with Shimon in Beit Din in three ways: Parties may end up before a beth din either: under a preexisting contractual provision that ...
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  • 2,411
6 votes

When Eidim Zomemim are found guilty who do they pay if it was a monetary case?

This is an argument in Rishonim. The answer is not directly stated anywhere in the Talmud. The Sefer Yereim in Siman 178 says that it is comparable to the fifth added to Teruma, where it is paid to ...
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  • 31.4k
6 votes

Why are the halachot of Ribit (interest) in Yoreh Deah

Yoreh Deah siman 159 is the halacha that it is permitted to loan to a non-Jew with interest. This is there, because it is following on the heels of other halachos related to how we treat non-Jews. In ...
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6 votes

Do I have first rights to slaughter on the day I buy a child or parent animal?

Tosefta, Chulin 5 (quoted by Rashi, Chulin 82a לענין; and quoted in Riff): הלוקח מבעל הבית הוא קודם לבעל הבית שמתחלה לא לקחו אלא על מנת כן One who purchases a cow from someone may be the first to ...
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6 votes
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Rabbi's liability for giving a wrong psak

There are a lot of details about this depending exactly what kind of mistake it was and who was harmed how and how easy it is to get the money back if possible. See Shulchan Arukh, Choshen Mishpat 25. ...
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  • 95.6k
5 votes

Pirating software

I cannot provide the name of a posek allowing the use of pirated software. Most Internet references to rabbanim allowing this are anonymous and along the lines of "a friend has told me", "I heard from"...
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  • 43.6k
5 votes

Can a court declare a minor's lulav ownerless? Has one?

It is indeed a problem to "give" the lulav to a minor for the reasons you have stated. Lending somebody a lulav does indeed mean that they have not performed the mitzvah as they must own it. However ...
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  • 3,008
5 votes
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Magazine subscription that doesn't cancel

The Business Halacha Institute discusses your very question about a Jewish newspaper: “The magazine was aware that your subscription expired, yet knowingly sent additional issues,” explained ...
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  • 12.6k
5 votes

Hitting a double-parked car

I googled and found this exact application of these rules in the Business Halacha Institute's newsletter for Shoftim 5773. First, they indicate that the first principle you quote from 412:1, which ...
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  • 46.9k
5 votes

Could this passage have any relevance to artificial intelligence?

The Talmudic tractate called Bava Kamma, in many places, discusses the meaning of the various "damagers" mentioned in the Torah for various liabilities. The first page of Bava Kamma, explains that the ...
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  • 10.4k
5 votes

Amazon sent extra book, should I return it?

Rambam says (גזלות ואבידות יא:ד) you can rely on the non-jew’s authority in a sale, that he is in charge, and should he mess up, you’re off the hook. Also, the rules of the country you live in (...
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5 votes

Is a car considered movable or immovable property?

We learn the halacha about a car by first looking at the halacha by a boat. A boat is a movable property and is acquired by: meshicha "pulling" from a property to another mesira "...
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  • 22.3k
5 votes

Understanding the split payments for embarrassment in Kesubos 6:1

The Ran [on the side of the Rif in Kesuvos 65b] asks this question. If I understand his answer correctly, he says that since the husband is also embarrassed, that reduces his wife embarrassment ...
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