Choshen Mishpat Archives

May I split the cost of buying a video with someone and each of us will keep a digital copy?

You may buy the video together, and take turns using it, but you can’t make an additional copy, since it has a copyright. #4167

I was working for a company for over 6 years and built a close relationship with one client I was his exclusive sales rep, they don’t even call the office they call me on my cell, and he only dealt with me. I am now starting to work for a new company. May I contact this customer to come to do business with me at the new company.

One should not actively approach clients from another company’s client base. With non-Jewish client there is room for leniency, although a G-d fearing person would be strict in all…

It is Minhag Haolam, and unfortunately became a custom among Yidden too L’havdil, to make various pranks on the Secular calendar day today, under the name “April Fools”. is there any Heter to do such a thing? Is this clear out Gneivas Daas? an example, people would say something like “guess what? I won a raffle and I’m going to Eretz Yisroel next week. I have one free ticket. do you want to join?”

It is definitely not Mentshlich and not fit for a Yerai Shomayim to engage in such activities. There may be an exception if the intent is just to make…

מישהו הפיל לי את הטלפון, וזה הרס לי את המסך, היה לי את המכשיר 9 וחצי חדשים, איך יצטרך לשלם הנזק? האם את כולו או חלקו?

בכל דיני ממונות, אי אפשר לפסוק כשלא שומעים את הצד השני. ומכל מקום, אכתוב כאן נקודות כלליות: באופן עקרוני, הדין הוא שחייב לשלם את ההפרש בין שווי הטלפון כעת…

A friend, who paid for music files, wants to let me download some tracks on to my MP3 player. Am allowed to do it for a short while, as if I am borrowing them, as long as I do not keep them? Why would it be different than me just borrowing his MP3 player for a short while, to listen to tracks I do not own?

See here. The same would be in the case you described. Just as you cannot "borrow without permission" for a short while and give it back (aka stealing). When…

My work gave me a mobile internet box to use for work if I don’t have internet and need to use my laptop. I had my laptop and internet box at home and my family connected to it and the usage was a lot. My work incurred a couple thousand dollars extra expenses because of this. Am I obligated to pay for it?

It depends on the policy of your work place. If they gave it to you for work purposes only, then you are obligated to pay the difference.

About 8 years ago I used a friend’s phone without permission and went on to various websites, not realising it I signed him up to SMS messages from these things which racked up a bill of several hundred GBP on his parents card. Should I pay? Do they or he have to know the money is coming from me? Do I have to ask him for Mechila?

Causing someone to lose money or pay a charge is considered stealing and you must repay them for all charges that was your fault. If you are embarrassed to…

May I record phone calls without consent from those with whom I am talking?

Aside from the legal issues which are different from state to state, there are also Halachic issues. See more here.

My friend sold me an iPhone and I opened up the box already and then I changed my mind about buying it. May I still back out of the sale? I already paid him the money.

You may not return it, since you already made a Kinyan, unless the seller agrees. Sources: חושן משפט סימן קפ"ט ועוד

Is there a solution for someone who wants to sell his first house that he bought, considering the Gemara says it is not a good Siman to sell your first property?

If it is a house for living, there is no problem. Some suggest retaining a window or brick in the sale, so it is not a complete sale. …

I am getting up really early in the morning. Sometimes I find the car covered with ice that is required to be removed by scraping off the windows in order to drive safely. This is a noisy project which may wake up sleeping people. Getting a ride is difficult. How should this be dealt with?

You can do it if it is a normal thing, i.e. if that kind of noise is normal where you live. Nonetheless, as a matter of ethical practice, you…

Is it permitted to listen to Music I have received from a friend, he did not pay for it either and we both do not plan on buying that specific album, is it considered stealing even though the artist is not losing out by me obtaining the album for free?

The concept of ownership over intellectual property is debated in the Poskim and the general consensus is that when a publisher or producer puts out a new book or…

If a Jewish contractor is not doing a proper job in construction, am I allowed to Sue him?

Chas vsholom. If you have a claim you must take it first to a Beis din. See here and here about the severe prohibition of suing in secular…

There is an expensive item that once it has been shipped, if it is canceled before it reaches the buyer, the store gives a refund, but it does not have to be returned. Knowing this policy, can it be ordered L’chatchila – planning to cancel the order once it is shipped and keeping the item and the refund?

This may not be done. Sources: איסור גניבת דעת קיים גם בגוי, וכיון שודאי אין ברצונו של המוכר שיקנו ממנו ויבקשו החזר, הרי זה גניבת דעת. ראה שו"ע חושן…

יש בעיה הלכתית לצלם דפים (20) לשימוש אישי מספר שהוא מהדורה חדשה לספר קדום (למשל שו”ע)?

כיון שיש בעלות לפי חלק מהפוסקים על יצירה ספרותית וזה כולל גם על העריכה והעיצוב, לזאת אסור לצלם דפים אלו אם זה יגרום הפסד או מניעת ריוח למוציא לאור. …

Is it Halachicaly acceptable to inform someone in advance that you will charge them for using an item of yours without permission?

I.e. a book, you never charged others to borrow, but because a person is using it without permission, the owner would like to stop such behavior by setting a fine.…

My brother works in a store in Crown Heights and found a stroller that was left behind already for three days. He offered it to me and said that if I don’t take it he’ll end up throwing it out. I posted the stroller on a couple of WhatsApp groups and no one responded. I really do want that stroller and otherwise it’ll be thrown out. Can I take it and use it?

You have the obligation to publicize that you found this stroller in a way that the owner would find out about it (WhatsApp groups would not suffice under normal circumstances…

If a business offers a free evaluation, but you know you won’t be able to afford to sign on, is it Gneivas Da’as to take the free evaluation?

When a store or a company offers a free evaluation, one is allowed to take the evaluation, provided they make it absolutely clear from the onset that they have zero…

I have been fired from my teaching job and the school owes me money. They admit to that. I have access to the place where the school stores some of its belongings, specifically Seforim. Can I take their Seforim and sell them to repay the debt? Can I take the ones that I could use and deduct it from the debt?

You may not take their belongings and sell them to repay the debt. This is considered stealing. Question 2: It seems to say explicitly in Choshen Mishpat that this can…

I asked a family member for a large loan and he was not able to give me one. However, he offered to give me from his bank (home equity) line of credit which charges interest of approximately 6%. I assured him that any interest charges he incurs I will repay so that he does not lose anything for giving me the loan. We want to ask if there is any problem with doing this?

The loan was for a little over a month and the repayment would be sent directly to his bank, not to him. Answer: If the bank holds your brother accountable…