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Questions tagged [choshen-mishpat-civil-law]

Questions about the Jewish Code of monetary and civil law.

1 vote
1 answer
95 views

Wrongly cancelling a service - which issur, if any?

When someone cancels a transaction and in order to save on any associated fees, they lie about the reason Which issur (if any) is being transgressed? Does it matter if the merchant is Jewish or not? ...
Yoreinu's user avatar
  • 3,499
3 votes
2 answers
402 views

Reasons behind the פטור of בעליו עמו

As per פרשת משפטים פרק כ”ב פסוק י”ד, when one borrows an item and the owner of the item does work for the borrower at that time, the borrower is exempt from paying for anything that happens to the ...
Yoreinu's user avatar
  • 3,499
0 votes
1 answer
97 views

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

To simplify the question, assume a situation where the lender is a Jew. If it doesn't fall under the rules of Geneiva, is it possible it's Oshek? And in the case of a non-Jewish lender, does the rule ...
J G's user avatar
  • 71
3 votes
1 answer
73 views

Maharshal on halachah vs secular law

This page says: Rabbi Shlomo Luria, nearly 500 years ago, argued that with the exception of great moral deficiencies like murder, stealing and deception, the Torah mostly describes behavior between ...
Zarka's user avatar
  • 2,498
1 vote
2 answers
168 views

What are the laws of workers

BH Hi I know that there are certain laws of avadim (slaves) for example how a Jew should be merciful, etc, when having avadim, although now that slavery is highly not accepted around most areas of the ...
David 's user avatar
  • 1,241
1 vote
1 answer
96 views

Do you force a people to build a wall with Material made in Modern Times?

In the first Mishna of Bava Basra, it says Makom she Nahagu Livnot Gvil Gazit Cafisin Levinin ... Bonin Ha Kol Ke Minhag Hamedina. A place where it's customary to build Gvil Gazit Cafisin Levinin we ...
David 's user avatar
  • 1,241
1 vote
0 answers
55 views

Did the ancient Israelite Kings appoint royal justices?

Did the ancient Israelite Kings appoint royal justices? If so, how is this distinct from the medieval practice of appointing beurim in certain medieval Jewish communities? And what powers were these ...
הראל's user avatar
  • 2,661
1 vote
0 answers
33 views

Is there liability for late delivery

According to halacha, if somebody orders something and the company which delivers it promises it by a certain deadline, is there financial liability if they deliver past that deadline? Assuming of ...
Kirk's user avatar
  • 4,808
1 vote
0 answers
39 views

Right to repair in Halacha

Does Halacha have a perspective on the right to repair movement? Basically it is a movement to allow people who purchase goods to have the right to repair goods, whereas others argue businesses which ...
Kirk's user avatar
  • 4,808
2 votes
1 answer
84 views

Does mesirah apply to the secular state of Israel

The Halacha of mesirah prohibits Jews turning fellow Jews over to non Jewish governments and law enforcement. However, does it prohibit turning fellow Jews to the secular state of israel, which is ...
Kirk's user avatar
  • 4,808
1 vote
1 answer
61 views

Do beit dins have the right to disbar Jewish attorneys

According to Halacha, does a beit din have the jurisdictional authority and right to disbar Jewish lawyers? Furthermore, do they have the right to prevent them from being lawyers in secular courts ...
Kirk's user avatar
  • 4,808
1 vote
0 answers
57 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
75 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
  • 4,808
2 votes
0 answers
97 views

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
  • 4,808
0 votes
0 answers
33 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
  • 4,808

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