Home About Us the Rabbis Contact Us


what's new on Revach
Rav Yehonoson Eibushitz - The Big Secret About Rosh HaShanah

Rav Shlomo Zalman Auerbach: Do You Really Need To Eat Before Tekias Shofar?

Simanim On The Second Night?

Do You Need To Stand Up When The Aron Kodesh Is Open?

Shela HaKadosh: Simanim - The Secret Is Not In The Recipe
 
Section: Questions   Category: Money Matters
  A r c h i v e s
Money Matters - Damages from a goy
Submitted by Adi Salama  Answered by Rav Yehonoson Hool
Question: Shalom, We were recently in Italy and as we were in our hotel room over Yom Tov a full length mirror somehow managed to detach itself from the wall and fall together with its mountings (they simply pulled through the plasterboard wall they had been screwed onto, along with a sizeable piece of the wall too!) onto my 2 yr old son, fracturing his foot in two places. After it had happened and we had returned from the two hospitals we needed to go to, I went to look at an identical mirror in an adjacent room and only then realised that ours had actually been loose from before we had arrived - it would swing at the smallest touch - whilst the other mirror I had seen not only didn't move even a millimetre even when a strong force was used, but even if an fully-grown ADULT, let alone a placid 2 year old, would deliberately attempt to pull it out in the same way ours had fallen out it would be impossible. There were no witnesses at the exact moment it fell, but knowing my son I cannot imagine him having done any more then give it a small tap, perhaps even unintentionally. The hotel we were staying in is part of a major international chain - however our reservation was only ever with Jewish organisers who had rented-out and kashered the entire hotel. What, if any, damages are we entitled to for what happened and who from? Do you have any practical advice as to how to deal with the situation? The expenses we have had so far are primarily taxis to and from hospitals, however my son is unable to walk and stuck in a plaster-cast for some 4-6 weeks. I really appreciate your advice once again! Thank-you very much Adi Salama
Answer: From a Halachic perspective there does not seem to be any room for a financial claim. Nezek does not apply since there is no permanent damage (hopefully). Furthermore, the accident was indirectly caused, and not done actively by anyone.

Technically there might be claim for Sheves - (compensation for lack of wages) but obviously this would not apply for a child, and again, it was caused indirectly. A claim against the organisers would thus not be entertained.

Legally, however, you may well have a claim against the hotel owners, and you are entitled to claim for this if it is applicable.
posted:2010-04-18 16:05:01  (0) comments   email to a friend


Money Matters - maaser or debt?
Submitted by anonymous  Answered by Rav Yehonoson Hool
Question: An avrech who has some debts but right now earns enough money for saving. should he give out maaser? should he take it from the savings or from his monthly income?
Answer: If he is not using the income to pay off the debts, he should take ma’aser from it (and any money that he puts in savings) unless separating ma’aser will cause him not to pay off his debts, in which case he should first pay off his debts.
posted:2010-02-19 09:22:55  (0) comments   email to a friend


Money Matters - Tallis with no unique simmon
Submitted by Pinchas  Answered by Rav Yehonoson Hool
Question: About a year ago I left my Talllis at a small Shtiebal that I often daven at on Shabbos. The next day I returned to get it and it seemed that as I had not left it in a Tallis bag someone else used it, and I was unable to find it at the time. Recently, I was at the same Shtiebal and saw what I though was my Tallis. My basis for thinking that it is my tallis is that I recognize the pattern of the black stripes, and after looking at the other tallism available for public use all were clearly not mine. Additionally the tallis in question is the same size as the one that got lost to the best of my memory. May I assume that this is my Tallis?
Answer:

It is possible that this particular Tallis belongs to someone else, and it is also possible that it belongs to the tzibbur.

As such, you would not be permitted to take it unless you were absolutely certain that this Tallis belongs to you.

posted:2009-12-16 02:51:39  (0) comments   email to a friend


Money Matters - Maasser
Submitted by shani  Answered by Rav Yehonoson Hool
Question: can I use maasser money to pay for my children's yeshiva tuitions?
Answer:

The general rule is that anything which is obligatory cannot be paid with ma’aser money, whereas voluntary contributions may be given from ma’aser.

When it comes to children’s education, some Poskim hold that for young boys, since their education is an obligation upon their parents, it cannot be paid from ma’aser, whereas for girls and older boys, since the obligation for their education does not fall on the parents, the costs can be paid from ma’aser. Nonetheless, if the child is studying in a yeshivah or such like that has a dormitory, since the costs of food and board are an obligation upon the father, he cannot pay that portion of the tuition from ma’aser money.

However, Rav Moshe Feinstein (Igros Moshe YD 2:113) rules that nowadays since education is government-mandated, tuition becomes an obligatory cost and cannot be paid from ma’aser money. Nonetheless, he writes that any tuition costs above what is expected from a person of his means a person may pay from ma’aser money; furthermore R’ Yaakov Blau (Tzedaka Umishpot 11 footnote 35) writes that it is commendable to gives one’s ma’aser money to an institution in which one’s children study.

posted:2009-11-23 15:12:39  (0) comments   email to a friend


Money Matters - Exchanged Talis
Submitted by anonymous  Answered by Rav Yehonoson Hool
Question: In error I dry cleaned a talis which I found out afterwards was not mine. The owner of the Talis reimbursed me, Was he liable? I have a feeling that he did not think his Tals needed cleaning.
Answer: When someone performs a service for someone else, even if unsolicited, the recipient must pay for any benefit derived from this.
There are, however, several qualifications to this, and a comprehensive discussion of this issue is beyond the scope of this forum.
However, in this case the ruling would appear to be as follows:
Since the cleaning is irreversible, if the Tallis needed cleaning the owner would need to reimburse you the cost of the cleaning. If it needed no cleaning whatsoever (for example it had just been cleaned by the owner) he need not pay you anything. If it was somewhere in between, he should pay you the amount one who had a Tallis in such a condition would be willing to pay to get it cleaned.
posted:2009-11-11 18:08:26  (0) comments   email to a friend


Money Matters - Thank You For Loan
Submitted by tzvi Schneider  Answered by Rav Yehonoson Hool
Question: Lichvod Ha'Rav: If somebody lends me money... Can I tell him "I apprecciate" ?
Answer:

It is forbidden to pay any kind of interest on a loan, and this includes even something purely verbal, such as blessing the lender for lending you the money.


To say "Thank you," however, is permitted by some (though not all) authorities, because they regard this not as a favour for the lender but rather as simply good manners.

Saying "I appreciate this" is perhaps similar because it is not so much a blessing to the lender as a statement intended to indicate that I am not so ungrateful as to not acknowledge the loan.

posted:2009-09-17 00:49:39  (0) comments   email to a friend


Money Matters - Managing Bank Accounts
Submitted by Steve  Answered by Rav Yehonoson Hool
Question: I manage my family's different savings accounts under separate accounts in my bank, under my main bank account. Is there any problem in doing this, as in the end I will be passing on the total account to them.
Answer:

If you yourself use the money in these accounts, even occasionally, for yourself, then in effect you are borrowing money from your family members, and lending that in turn to the bank. It would therefore be forbidden to pass on any interest earned in the bank to your family, because in effect the bank is paying you interest on your loan to them and you are paying interest to your family on the loan that they lent you.

If, however, you do not use this money at all but simply keep it there on their behalf, I have seen it written in the name of Rav Elyashiv that this would be permissible. Although the bank, recognizing only you and not your family, believes that it is paying interest to you, you actually know that the money deposited in the bank really belongs to your family, and when you collect interest from the bank you are actually merely collecting it on their behalf.

posted:2009-09-01 11:49:00  (0) comments   email to a friend


Money Matters - Tzedaka For Therapy
Submitted by anonymous  Answered by Rav Yehonoson Hool
Question: Hello, I have a question that perhaps you can help me with. I am single and in my early thirties. I am not working. I am on a medication for depression. I was going for therapy. I do have money saved up for things like a wedding, a car and day to day expenses like health insurance. I have an amazing friend that will do almost anything to see me happy and settled. Can this friend use maaser money to pay for me to see a therapist? Please let me know what your thoughts are. May you continue to have much hatzlacha in helping out the community. Thank you!
Answer:

The general rule is that a person is considered "poor," and may accept charity (such as ma'aser money) for their expenses even if they have savings, as long as these savings are only for basic requirements.


Someone who has additional savings for things like a car etc would probably not be regarded as an "Oni" – a poor person.

posted:2009-08-23 16:10:31  (0) comments   email to a friend


Money Matters - Informing seller they are wrong about product description
Submitted by anonymous  Answered by Rav Yehonoson Hool
Question: Dear Rabbi, A very old pair of tefillin were on sale on eBay for . The seller is from Israel. He advertised the tefillin as being made of leather and wood. I have two questions: 1. Was I obligated to inform the seller that all tefillin are never made of anything but 100% animal products? (I was the only one who bid on them; perhaps if the seller didn't say they were also made out of wood more people would have bid on them and they could have sold for more?) 2. I sent the seller an email asking if he would sell them to me for before the auction ended (after two days I was the only one who placed a bid). He agreed and I paypal'ed him plus shipping. Only afterwards did I inform him that tefillin never contain any wood. Perhaps I should have informed him of this fact before I made the purchase? Did I acquire these tefillin through committing a transgression (i.e. taking advantage of the seller's lack of knowledge of the true nature of the product)? Thank you and yashar koach.
Answer: I don't think there is any problem here. Anyone who would be interested in buying an old pair of tefillin would realise, as you did, that the tefillin were not made of wood, so I don't think he lost any bidders as a result of this misinformation.

As far as the seller not knowing the true nature of the object he was selling, in this case it would only be relevant if as a result of his ignorance of the product, he was being underpaid. It's almost impossible to put a price on an old pair of tefillin - it would very much depend on who wrote them, the condition that they were in etc. If he offered them for auction and no-one offered more than you, it's probably a fair indication of the price it's worth.
posted:2009-06-29 15:31:57  (0) comments   email to a friend


Money Matters - Gambling?
Submitted by Chayim  Answered by Rav Yehonoson Hool
Question: What is the halocho concerning a) gambling just on one occasion b) regular gambling. Why is buying a raffle ticket different to gambling. Why is it permitted to run a lottery and to buy a lottery ticket . Thanks.
Answer:

There is a difference of opinion as to whether gambling is permitted or forbidden in Halacha.

The Shulchan Aruch rules that it is a form of stealing and is forbidden. Sefardim, who follow the rulings of the Shulchan Aruch, may therefore not gamble even occasionally, and this includes even buying a lottery ticket. Buying a raffle ticket however, would seem to be permitted even according to this opinion. When one buys a lottery ticket, one is placing money simply to earn the chance of receiving more. Buying a raffle ticket is different, though; you are actually donating money to a worthy cause, with a side benefit being the possibility of winning a prize as well, and this may well be permitted.

The Remoh, however, disagrees with the Shulchan Aruch, and permits gambling, even on a regular basis. One who has no regular source of income other than from his gambling, however, is considered to be not a member of a civil society, and is Possul Le'eydus – invalid to serve as a witness in Halachah.
It is worth noting, however, that the Remoh himself in at least one place (O. C. 322) does not object to the ruling of the Shulchan Aruch who forbids gambling (see Mishnah Berurah, Shaar Tiyon 322:20).
Further, one should note the words of the Rambam, who writes that in this context that it is not fitting for a person to spend his days in practices other than the gaining of wisdom, necessary business affairs and other such matters of societal importance.

Note too, the words of the Rivash who refers to gambling as a "disgusting, repulsive and sordid practice that has caused many casualties," and the Talmud Yerushalmi rules that we should make no effort to annul the vow of one who vowed never to gamble again!

posted:2009-06-17 18:46:26  (0) comments   email to a friend


Money Matters - Charity
Submitted by Ryan  Answered by Rav Yehonoson Hool
Question: Hi I am giving charity now before the end of the financial year (June) and I want to try give 10% of my income to charity. I am trying to work out what to give 10% of. Obviously taxation is not included at income so a net figure (after tax) is used. In Australia (I am writting from Sydney) expenses from any investment property are used to reduce ones income for tax purposes e.g. If one earns 0,000 and one has expenses on an investment property of ,000 the tax office will only assess ,000 of income. Is it the same with calculations for tzedaka? I use my car for work, not only to get to work but also between offices. Can I use my car expenses to reduce my income? What else do I need to consider in my calculations of the 10% of my income. Ryan
Answer:

The general rule of thumb with regards to ma'aser kesafim is that all expenses that are directly accrued to enable one's generation of income can be deducted from the reckoning of one's income with regard to ma'aser.

So for example, if one rents an office for one's work, the cost of upkeep of the office, including rent, insurance and so on are all income-associated costs that may be offset against one's income when calculating one's overall income. If one commutes to work, or if one's car is used for work, one can deduct those costs as well. However, if one uses a car for private use not associated with work, one cannot reckon the running costs as a business expense.
In your example, if one earns $100,000 and one has expenses on an investment property of $20,000 the tax office will only assess $80,000 of income. So too with calculations for tzedaka, you need only give 10% of $80,000.

Incidentally, as a general rule with regard to ma'aser kesafim, in order to avoid problems of nedarim, one should declare at the outset that by giving ma'aser one intends not to oblige oneself with any nedarim.

posted:2009-06-09 22:38:19  (0) comments   email to a friend


Money Matters - Accrued Interest from a Deposit
Submitted by Pinchas  Answered by Rav Yehonoson Hool
Question: I am about to vacate an apartment that I have been renting for the past year. Just found out that the property manager is jewish and possibly the owner of the company as well. According to my contract I am entitled to receive my deposit plus interest? Is there a problem for me to take the interest, or perhaps the question should be whether there is a problem if he does not give me the interest??
Answer: The property manager merely passes on your payments. However, if the landlord is Jewish, it is forbidden to take any interest form him, especially if it was fixed and agreed beforehand that he would pay it. You should inform the landlord that you cannot accept the interest. If he sends it anyway, in this case you need not return it.
posted:2009-05-05 12:12:21  (0) comments   email to a friend


Money Matters - Borrowed Bike Wreck
Submitted by chaim  Answered by Rav Yehonoson Hool
Question: I borrowed an old used bike from a friend of mine to teach my sone how to ride a two-wheeler. The bike was crushed by a car (while on the ground). Is there a ribbis problem if I return a bike that I had in my garage if my bike is a more expensive than the one I borrowed?
Answer: The prohibition of paying interest applies to loans and payments etc. There is no prohibition of paying interest when returning stolen money. It would seem to me that the responsibility that a borrower accepts for the borrowed item can, in this regard, be more comparable to the case of returning stolen money than the case of repaying a loan. As such there would be no prohibition of adding extra money, particularly so in this case (in which you are not giving back more money, but rather a similar object although  is worth more).
posted:2009-04-30 14:39:32  (0) comments   email to a friend


Money Matters - noise from neigbours
Submitted by moshe  Answered by Rav Yehonoson Hool
Question: To families live in a do mishpachti (two family home) and share a wall on the ground floor and first floor. Family A complains that Family B is noisy and wants to install soundproofing. 1) Can family A force family B to share costs of soundprrofing? 2) Family A says that in order to install soundproofing upstairs on their side of the wall it would be necessary to cut and move their cupboards to fit in a smaller space. They would like Family B to install soundproofing on their side of the wall. Family B is reluctant to do this because their bedroom is smaller and would be inpractical to live in if soundproofing was installed. Can one family force the other to house the soundproofing? Thanks
Answer: According to Halacha, in most circumstances a person may not make noise in a residential area that will disturb the neighbours. However, normal household activities at acceptable hours are certainly allowed. If the neighbors are making unacceptable levels of noise, they are obliged to either stop immediately or to provide adequate noise-reducing insulation.

However, whether the noise level is indeed unacceptable or not is impossible to judge without investigation and hearing the other party's viewpoint.

If the houses are built with inadequate insulation there may be room for a claim against the builder, but usually there will be no claim against the neighbors, unless the noise they are making is above and beyond the level of noise of regular household activities.
posted:2009-03-13 09:35:00  (0) comments   email to a friend


Money Matters - Free Booklets?
Submitted by anonymous  Answered by Rav Yehonoson Hool
Question: I work in the receiving end of a Publishing House. We just received from our printers a shipment of thin pamphlets 320 per box. On the outside of the box they taped (with packaging tape) a few copies on the outside of the box - to show what was inside. These were taped in a way that the printers intended that they would be destroyed. We were not charged for them. We did manage to carefully remove the booklets. May we keep them - or does it belong to the company I work for?
Answer: The extra pamphlets do not belong to you. If the publishing company is merely an agent that arranges the publishing on behalf of the clients, then the extras belong to the client. If however the company takes the order and then subsequently sells it to the client then the extras belong to the company.

(A good rule of thumb is to ask what would happen if the order was destroyed through unpreventable means. If the publishing house must create a new product, it is clear that the product belongs to the company until passed on to the client, whereas if the client would suffer the loss then the company is merely an agent of the client.)
posted:2009-03-09 00:21:48  (0) comments   email to a friend


Displaying 1-15 of 34 (Page 1 / 3) 
FirstPrev  1  2  3  Next Last

 

    Most Viewed Lists
  1. Basar ve Halav
  2. worms in Fish
  3. 9 days
  4. printing the shem havayah
  5. kiriv
    Last Viewed
  1. leaving early
  2. kashrut
  3. Shaking hands with a woman
  4. 9 days
  5. brocho