Business Halacha Daily
Business Halacha Daily is a program with daily 3-5 minute "nuggets" on the topic of the week. They are practical questions that come up related to that topic, with a dayan there to answer and explain the reasoning.
May a Homeowner Ban People from Taking a Shortcut Through His Property?
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Rav Yosef Greenwald
Question: Is it permitted to take a shortcut through someone else’s property without permission? Can a homeowner block people from walking through his property, or would this fall under the category of “middas Sodom” because the homeowner isn’t losing anything by having people walk through his yard?
Answer: Tosafos understands that the reason one can’t charge someone who used his property in a case of zeh...
Does Somebody Have to Pay for Regularly Sitting in Someone Else’s Seat in Shul?
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Rav Yosef Greenwald
Question: Reuven pays for two seats in his shul. He uses one for himself and the other one is meant for his son. However, his son prefers to daven elsewhere and rarely sits in his seat. Shimon notices the empty seat and begins to sit there every week. Eventually, Reuven tells him that since he is using the seat, he should pay for it. Is Reuven correct?
Ans...
Can Someone be Liable to Pay for Reading His Neighbor’s Newspaper?
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Rav Yosef Greenwald, Rav of K’hal Dexter Park
Question: I subscribe to a newspaper that is delivered to my house early every morning. I started to realize that the newspaper doesn’t seem so fresh when I bring it into my house. One morning, I looked out my window and spied my neighbor reading my newspaper. I realized that he has been reading it every day before I take it inside. Can I char...
If Someone Takes a Ride, Does He Have to Chip in For Gas and Tolls?
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Rav Yosef Greenwald, Rav of K’hal Dexter Park
Question: If someone offers someone else a ride, and they don’t make up anything beforehand, is the passenger obligated to chip in towards the expenses of the trip?
Answer: There is a rule of “zeh neheneh v’zeh lo chaseir.” If one person derives benefit from someone else, but the other person has no loss, the first person is not liable to pa...
If Someone’s Taxes Are Charged to Someone Else, Must He Reimburse Him?
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Rav Yosef Greenwald, Rav of K’hal Dexter Park
Question: Reuven and Shimon are business partners. Due to a clerical error on behalf of the IRS, Reuven’s personal taxes were charged to the partnership. Can Shimon demand that Reuven reimburse the business for the money that he should have paid individually?
Answer: The Gemara talks about a case where the king’s tax collectors take taxes from from grai...
If Someone Accidentally Eats Someone Else’s Package of Food, Is He Liable to Pay?
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Rav Yosef Greenwald, Rav of K’hal Dexter Park
Question: A gift package of food is delivered to someone’s office. Assuming it’s for him, the person eats it. Afterwards, he discovers it was meant for the office next door. Does he have to pay for the food he ate?
Answer: If it was an honest mistake that was no fault of his own, he is not liable a...
Can a Resident of a Housing Development Force All His Neighbors to Contribute to a Fence Around His Pool?
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Rav Shmuel Honigwachs
Question: Reuven lives in a development where the houses are situated fairly close together and everyone has windows that face each other’s yards. One day, he decides that he wants to install a swimming pool in his backyard. Can he force all of his neighbors to either seal their windows or contribute towards the building of a fence?
Answer: We previously discussed a ca...
Does Hezek Riya Apply When Both Neighbors Bought Their Homes From Non-Jews?
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Rav Shmuel Honigwachs
Question: In the last segment, we discussed a case where one neighbor purchases a home from a non-Jew. What if both neighbors bought their houses from non-Jews? How would that impact issues of hezek riya?
Answer: If both neighbors originally purchased their homes from non-Jews, as long as the window existed beforehand, the halacha is that Reuven doesn’t have any rights to force Feivel...
If a Jew Buys a House From a Non-Jew, Does He Have to Close Off a Window That Faces His Neighbor’s Pool?
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Rav Shmuel Honigwachs
Question: Reuven has a pool in his backyard. His neighbor, John, is a non-Jew, who obviously has no reservations about being the cause of hezek riya. John is now selling his house to a Jew. The new neighbor, Feivel, moves in and Reuven tells him that because his window faces Reuven’s pool, there is a problem of hezek riya and Feivel has to either close off the window or pay to b...
If I Make a Pool in My Backyard, Can I Force My Neighbor to Close Off an Existing Window in His House?
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Rav Shmuel Honigwachs
Question: Chaim is building a pool in his backyard. His neighbor has an existing window that faced his yard. Now that the swimming pool is being built, the window will overlook the pool.
Until now, when it just provided a view of the backyard, the window was no big deal. Now that he is making a pool, however, Chaim wants to force his ne...
Is One Allowed to Sue In Court to Have a Neighbor’s Building Variance Revoked?
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Rav Shmuel Honigwachs
Question: Reuven needed a variance for a construction project. His neighbor, Shimon, claimed that he would be negatively impacted by that variance. He went to the zoning board and tried to stop it but the board ruled in favor of Reuven and granted the variance. Shimon still has one more venue to stop the variance from being adopted, which is to litigate. Is he permitted to go to court and as...
Can Neighbors Force a Yeshiva to Stain The Windows Facing Their Property?
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Rav Shmuel Honigwachs
Question: We previously said that a neighbor has no standing in bais din to stop a yeshiva from opening in his residential neighborhood. If a yeshiva is building next door to a residential home, does the homeowner at least have a right to demand that they stain the windows facing his property so that the bochurim do not have view into his yard?
Answer: We once had a d...
Can Neighbors Force a Yeshiva to Stain The Windows Facing Their Property?
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Can Neighbors Force a Yeshiva to Stain The Windows Facing Their Property?
Rav Shmuel Honigwachs
Question: We previously said that a neighbor has no standing in bais din to stop a yeshiva from opening in his residential neighborhood. If a yeshiva is building next door to a residential home, does the homeowner at least have a right to demand that they stain the windows facing his property so t...
Does Choshen Mishpat Allow a Person to Stop a Yeshiva From Being Built in a Residential Area?
Rav Shmuel Honigwachs
Question: Yankel lives in a quiet residential area. He lives in a town where it is permitted according to the local laws to build yeshivas even in such an area. Berel wants to build a yeshiva in this neighborhood. Does Yankel have any right according to Choshen Mishpat to stop the yeshiva from opening in his area?
Answer: The Gemara in Bava Basra says that even though, generally speaking, one can stop a store from opening in a residential area and bringing in a lo...
May One Extend His Deck If Doing So Would Give Him a View Into His Neighbor’s Window ?
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Rav Shmuel Honigwachs
Question: With a little effort, Reuven is able to see into his neighbor’s window from his backyard. He now wants to extend the deck in his yard to make room for a large sukkah. From the new deck, he will have a much clearer view of his neighbor’s window. Is he allowed to make this extension?
Answer: Most Poskim say that even if one could see int...
If someone Buys a House That Has a Window Facing a Neighbor’s Yard, Is He Obligated to Close It Off?
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Rav Shmuel Honigwachs
Question: Reuven bought a house in a development. When he moved in, he noticed that the house he bought already has a window that overlooks his neighbor’s backyard. Does he have to close off the window or is he allowed to leave it the way it is?
Answer: In the halachos of hezek riya, the Halacha will often differ depending upon whom the house was ac...
May One Open a Window Into a Neighbor’s Yard That Is Anyway Visible from The Street?
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Rav Shmuel Honigwachs
Question: We previously said that in typical circumstances one should not open a window that allows him to see into a neighbor’s yard. What if the yard is already visible to a public area? For example, what if someone lives on a corner and his backyard faces the street? In such a case, if I live next door would I be permitted to open a new window that faces his yard...
May One Make a Window in His House That Overlooks His Neighbor’s Yard?
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Rav Shmuel Honigwachs
Question: Reuven is making an extension to his house. After the extension is complete, the house will have a window that overlooks his neighbor’s backyard. Is that permitted?
Answer: The Mishnah and Gemara in Bava Basra discuss the concept of “hezek riya” (infringing on someone’s privacy). It is stated that it is forbidden to open up a window that faces somebody else’s yard. The ques...
Is Someone a Mazik if He Releases Helium Balloons That Go On To Do Damage?
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Rav Aryeh Finkel
Question: Yankel made a birthday party for his child, which included helium balloons. Afterwards, he released some balloons in the street. The balloons went straight up and struck some electric wires, which caused a short. What type of mazik is he?
Answer: This definitely is the hezek of aish. What Yankel did is no different than placing a stone in a place where wind can blow it and...
If a Plumber Causes Damage by Mixing up The Hot and Cold Water Pipes, Is He Liable?
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Rav Aryeh Finkel
Question: I built an extension on my house and made a new laundry room. My wife put the first load of laundry into the new washing machine and set the machine on the cold cycle. When she opened it at the end of the cycle, she realized that the plumber had mixed up the hot and cold water pipes, which had caused hot water to come out of the pipe t...
Is a Person Who Removes a Railing From a Balcony Considered to Have Created a Bor in Reshus Harabbim?
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Rav Aryeh Finkel
Question: Someone removed a railing from a second-floor balcony and someone else fell and got hurt. Is he liable as a mazik?
Similarly, someone opened a safety gate on top of the stairs and a child fell and got hurt. Is the one who opened the gate liable?
Answer: The chiyuv of bor is not only when one digs a pit; it is als...
If Someone Makes a Short Stop In The Middle of the Road, Is He Liable For The Damages of a Car that Rear-Ends Him?
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Rav Aryeh Finkel
Question: Someone is driving and suddenly stops in the middle of the road. The driver behind him isn’t able to brake in time and hits him from behind, which causes substantial damage to the second driver’s car. Is the car that is parked in the middle of the road considered a bor, which would mean that he is exempt from damages to keilim including the damage to the other car...
If a Person Falls Into a Pit and Chips his Tooth, Is The One Who Dug The Pit Culpable?
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Rav Aryeh Finkel
Question: Someone dug a hole in the middle of the street. A fellow walks by and falls in. The fall causes him to chip his tooth. This tooth happened to be an implant. Since bor is potur on keilim, would the digger be exempt from paying for the damage to the implant?
Answer: The question is if something attached to a person is considered odom or keilim.
Is a Person Liable for Damages Caused by His Roomba Vacuum Cleaner?
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Rav Aryeh Finkel
Question: Reuven owns a Roomba vacuum cleaner, which rolls by itself across the floor of his house. He brought it over to his neighbor’s house to demonstrate to them how it works. During his demonstration, it vacuumed up a child’s gold earring and they were unable to retrieve it. Is Reuven liable to pay for the lost earring?
In a similar occurrence, a Roomba banged into a para...
Would a Person be Chayav for Causing a Cell Phone to Vibrate, Fall and Break?
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Question: Yaakov and Yehuda are friends who enjoy playing pranks on each other. One day, Yaakov put down his cell phone on the edge of a table. Yehuda noticed this and called the phone, causing it to vibrate and fall of the table. It hit the ground and the screen shattered. Is Yehuda liable to pay for the damages?
Answer: The question is if Yehuda is considered to have done a maisoh. If he did...
Is a Secretary Liable For Causing Her Boss to Lose a Promotional Offer by Withdrawing Money From His Account?
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Rav Aryeh Finkel
Question: My bank offered a $750 promotion to any account holder who keeps $20,000 in his account for 90 days. I deposited that amount of money and told my secretary to make sure not to pay any bills from that account for 90 days. She didn’t listen and paid a bill from that account, which caused me to lose the $750. Can I demand that she reimburse me for the money?
...
Would a Money Manager be Liable For Causing a Client to Lose a Tax Credit?
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Rav Aryeh Finkel
Question: There is a threshold of how much investment income a taxpayer can have and still be eligible for the Earned Income Credit. Reuven told his money manager to make sure he doesn’t go over that threshold, as it would not be worthwhile to lose out on the credit. The money manager disobeyed his instructions and made him some extra money on an investment which caused him to...
Is a Worker Culpable For Causing Missed Deadlines by Hanging an Clock With The Incorrect Time?
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Question: A man owns a factory which doesn’t allow employees to bring cell phones onto the floor. He has a big clock – the only clock on the floor – which everything runs in accordance to. He hired someone to put up the clock and that worker didn’t set the time correctly. As a result of the clock being half an hour slow, deadlines were missed and earnings were lost. Does the worker who hung the clock have any cu...
Is a Driver Liable For Damages If The Victim’s Car Got Totaled a Minute Later?
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Rav Aryeh Finkel
Question: A driver makes a turn and accidentally sideswipes a parked car. He leaves a note on the windshield with his phone number and starts to drive away. Suddenly, he sees another car plow into the same parked car and total it. The owner of the car has his vehicle declared a total loss by the insurance company and is given enough money to buy a new car. Now that...
Is a Tenant Liable For Wasting Electricity?
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Rav Aryeh Finkel
Question: I went away for the summer and rented out my house to some tenants. I informed them that I wouldn’t be coming home until a few weeks after they left; therefore, I asked them to turn off the air conditioner before they leave. They did not do so, and instead left the air conditioning running at 65 degrees for the three weeks until I came home. Th...
Is a Driver Liable For Striking a Scooter in The Road In The Middle of The Night?
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Rav Aryeh Finkel
Question: Reuven is driving around at 4 am. He comes to a red light and stops. He doesn’t see anyone around, so he goes through the red. Unfortunately, a kid on a scooter comes flying out of nowhere and is struck by Reuven’s car. Boruch Hashem, the boy is unhurt. The scooter, however, is destroyed. Is Reuven liable to pay for the scooter?
Answer: This case...
Is a Homeowner Liable For Damages He Caused by Leaving His Hose Running?
The Laws of Torts Week 1
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Rav Aryeh Finkel
TEXT VERSION:
Question: Reuven’s neighbor went away for Shabbos. Before he left, he forgot to shut the hose that was running in his backyard. Over Shabbos, the water flowed into Reuven’s property and flooded his basement. Is the neighbor liable as an odom hamazik?
Answer: He definitely could be chayav because of the rule of garmi, which...
How Does One Become an Executor of The Property of Yorshim?
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Question: If someone passes away suddenly and leaves behind a considerable estate, who is in charge of that estate according to Halacha?
Answer: If there are adult children, they take over the estate. If the children are minors, an apotropus can be appointed to serve as the executive of the estate.
There are four ways to appoint an apotropus:
The best way would be if the father app...
Does a Person with a Cochlear Implant Have the Halachic Status of “Cheresh”?
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Rav Baruch Fried
Question: One of the people who is considered by halacha to be unable to participate in commerce is a “cheresh”. I have a business partner who is deaf and hears through a cochlear implant. Does he have the status of a cheresh?
Answer: Generally, this question is not so relevant because just like there is a takanah of Chazal that a child who understands commerc...
Is One Culpable for Actions He Performed While Intoxicated?
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May a Katan Sell Daled Minim?
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Does The “Hefker-Koneh” Game Have Any Halachic Validity?
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Can a Camp Withhold Payment from a Worker If His Father Owes Them Money?
Can a Camp Withhold Payment from a Worker If His Father Owes Them Money?
Rav Baruch Fried
Question: A bochur spent a summer working in a camp. At the end of the summer, he goes over to the director and asks for his pay. The director informs the boy that his father still owes the camp money, so he is withholding his paycheck to cover the balance, and he should feel free to ask his father to pay him directly. Can the camp do that?
...
Can a Father Take His Son’s Bar Mitzvah Gift Money to Pay for the Bar Mitzvah?
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Does a Child Worker Have to be Paid on Time?
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