business ethics test Flashcards
what are the 3 differences between business halacha and secular law?
1- man v.s Hahsem
2- halacha= individual, law= society
3- halacha= duties, law= rights
what section of shulchan aruch discusses business halacha?
choshen mishpat
which business topics are not in choshen mishpat? why not?
ribbis and tzedaka= bein adam lmakom
2 reasons for going lifnim mishuras hadin?
1- shalom
2- zilusa d’bei dina
what d’oraissa backing does lifnim mishuras hadin have?
v’asis hayashar v’hatov
why is lifnim mishuras hadin not one of the 613?
torah temima says it is, v’ahavta l’reyacha kamocha
name 4 situations where one is obligated to go lifnim mishuras hadin?
1- midas sdom
2- bar matzra
3- ani mihapeich b’charara
4- shuma hadra
if someone does work for you when not asked to do so, in which case might you be obligated to pay?
if person benefited/would’ve been paid for
whats hana’ah v.s schar?
hana’ah= what was benefited
schar= salary of serviceof value
if someone wants to use my house when i’m not home and no loss will incur, do I have to let him use it?
no
what’s an example of when beis din will force someone to allow him use of personal property b/c of midas sdom?
when not helping b/c of principle: a.k.a= sheli sheli, v’shelach shelach
what steps did chazal take to make sure an adjoining neighbor will have 1st rights to property being sold?
shliach bal korchach
examples of when i do not have to give neighbor 1st rights?
neighbor originally owned property
what’s the din if I purchased a home, but then learnt the seller previously agreed to sell it to another person for a specific price?
not try to take it, try to give it back to the real buyer
what characteristic does a Jewish leader have that a dayan must possess?
objectivity
name situations where it might be permitted to go to secular court
1- defend yourself
2- heter arka’os
3- non-disputed issue (marriage license)
why can one generally not go to secular court
michalel shem shamayim
four venues of halachic adjudication ?
1- bes din kavua
2- community beis din
3- zabla
4- arbitration
if the 2 parties are from different cities, what determines which city the dispute should be edjudicated in?
defendant because of hamotzi m’chaveiro alav haraya
why are ex-parte communications assur? when can one consult with a dayan before the case?
cannot speak to dayan before case because it loses objectivity, only can if zabla
how can beis din ensure its decisions and authority will be respected today?
earn respect, siruv lavo ldin, arbitration agreement
what is halacha idea of attorney, when is it a mitzva to represent a friend?
dont have attorneys in beis din. its a mitzva if friend cant come
what should a jewish lawyer do in terms of having a client in secular court who refuses to go to beis din?
try for mediation, but lmaaseh cant represent because of lifnei iver
whats the difference between the concept of lifnei iver and misaya l’dei ovrei aveira?
lo siten is biblical
