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11 votes
Accepted

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 ...
Joel K's user avatar
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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 ...
simyou's user avatar
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9 votes
Accepted

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 ...
Schmerel's user avatar
  • 5,558
8 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 ...
Y     e     z's user avatar
8 votes
Accepted

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 ...
Joel K's user avatar
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8 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 ...
chortkov2's user avatar
  • 9,651
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 ...
רבות מחשבות's user avatar
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 ...
Joel K's user avatar
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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 ...
wfb's user avatar
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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 ...
Dr. Shmuel's user avatar
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. ...
Double AA's user avatar
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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 ...
NJM's user avatar
  • 14.3k
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 (...
Dr. Shmuel's user avatar
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 "...
kouty's user avatar
  • 22.8k
5 votes

Tuition obligation during corona crisis

See https://www.halachipedia.com/index.php?title=Halachot_Related_to_Coronavirus#Laid_off_Workers_Because_of_Corona Rabbi Zylberman on yutorah. Mordechai b"m 343 writes that if there's a decree ...
ikesultan's user avatar
  • 361
5 votes

May one bill two clients for the same hour

So the Business Halacha Institute here addresses this idea albeit with a different scenario - namely an attorney that is traveling to a client meeting in which the time and expense of the trip are ...
Dov's user avatar
  • 33.5k
5 votes
Accepted

Is it permissible to trespass without damaging someone’s property

Yes: וּמְהַלְּכִים בִּשְׁבִילֵי הָרְשׁוּת עַד שֶׁתֵּרֵד רְבִיעָה שְׁנִיָּה and they shall have the right to walk in permitted paths, i.e., those paths that cut through a private field, throughout the ...
Meir's user avatar
  • 9,812
4 votes
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Dayanus taught at the 770 Central Yeshiva

Orach Chaim: Krias Sefer Torah, Netilas Yodaim, Betzias Hapas, Brachos Shebiseudah, Mayim Achronim, Birkas Hamazon, Birkas Hapeiros, Seder Birkas Hanehenin, Shabbos and Eiruvin. Yoreh Deah: Melicha, ...
Tzvi Schmalberg's user avatar
4 votes
Accepted

When is desiring another man's property permitted

According to Rambam Hilkhot G'neva V'aveda 1:9 the prohibition of lo tahmod is violated by coercing the owner to sell an object. Lo titaveh does not require one to acquire the object. However, Rambam ...
mevaqesh's user avatar
  • 35.7k
4 votes

Internet shopping after browsing in a store

From an article by Rabbi Meir Orlian, answering this question It is permissible to browse, though, if there is a possibility that you might buy there. Any store owner knows that potential ...
aBochur's user avatar
  • 3,869
4 votes

Is "Any laws" better than "No laws"?

In terms of how a Noahide Court System is supposed to function, there is an alleged malochet between the Rambam and Nachmonides. The Rambam states that the purpose of a Noahide court system (the ...
יהושע ק's user avatar
4 votes

What Jewish monetary laws defy common logic?

Compiling some answers from the comments to the OP (feel free to add more): If you ignite someone else’s property, you’re exempt from paying for anything which was hidden and damaged by the fire (BK ...
4 votes

Overview of Choshen Mishpat; please recommend sefer

The founder and trustee of Touro College as well as Dean of the Jerusalem Institute of Jewish Law, Rabbi Emmanuel Quint, has a 10 volume series entitled A Restatement of Rabbinic Civil Law which ...
Dov's user avatar
  • 33.5k
4 votes

Scam baiting in Halacha

It's permitted for tzaddikim to out-swindle swindlers. שרי להו לצדיקייא לסגואי ברמאותא עם רמאי Sefer haMidot - Emet #4
Nissim Nanach's user avatar
4 votes
Accepted

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

It seems from the gemara in Bava Metzia 12b, and the Shulchan Aruch CM 270:2 that, whether the son/daughter is a gadol (13/12) or a katan, if they are being supported, their things belong to the ...
sam's user avatar
  • 42.2k
4 votes
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Do beit dins have the right to disbar Jewish attorneys

The beis din does not use lawyers. The litigants don't make legal arguments. They testify, the judges ask them questions, and the judges decide how the law applies. In some case the litigants can send ...
Clint Eastwood's user avatar
4 votes
Accepted

Is there a biblical or rabbinical prohibition to commit mortgage fraud?

Regarding the First Question: We can argue that there is a problem of gneivat da'at (deception) because the person is deceiving the bank into giving him a loan he doesn’t deserve or has no right to. ...
Avishai Tebeka's user avatar
4 votes

Reasons behind the פטור of בעליו עמו

In no specific order Sefer Hachinuch Mitzvah 60 says: "ועל ענין שאלה בבעלים שפטור, נוכל לומר לפי הפשט, שהתורה לא חייבה השואל אחר שבעל הכלי או הבהמה עמו, דמכיון שהוא לשם ישמור הוא את שלו. ואף על ...
Avishai Tebeka's user avatar
3 votes
Accepted

Why don't sellers have to clean their measures after every use?

It seems to be a function of how likely there is to be residue that would interfere with accurate measurements. Let us look at Rashbam's commentary to the different statements of the Mishnah in to see ...
Alex's user avatar
  • 49.6k
3 votes
Accepted

Safek Leket Leket vs. Hamotzi Mechaveiro

This excellent question is asked by the Gemara in Chulin 134a(¹), you can found it learning the Mishnayot chulin 10, 4 in TYT and Tif'eret Yisrael. . The conclusion of Rava is that: Kama beChezkat ...
kouty's user avatar
  • 22.8k

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