Can I Listen to a Music download that I WOULDN'T BUY ANYWAY?

A collection of frequently asked halachic questions on the mitzvah of being honest in business transactions, discussed in Parshas Bechukosai, as well as in the daily Rambam study-cycle, from AskTheRav.com & Halacha2Go.com

By Horav Yosef Yeshaya Braun, Mara D’asra and member of the Crown Heights Beis Din

Can I Sell a gift I got?

When one receives a gift, they may sometimes wish to re-gift the item or sell it. However, if the giver expressly stipulates that they do not want the gift to be passed on, or that they wish for the recipient to use it  themselves, the recipient may not re-gift the item or sell it. Generally, if there is an inscription on a gift, it’s an indication that the giver wishes the recipient to keep it. In the case of a wedding or a Bar Mitzvah gift, however, inscriptions are customary, and usually not an indication that the giver does not want their gift to be passed on.

If one wishes to give a present to a parent—and because it’s a very special, chashuv (important), expensive, or valuable gift—they would like to stipulate that after the parent leaves this world, they should be the one to receive the gift as part of the yerushah (inheritance), they may do so. However, if they prefer not to discuss it with their parents directly; there is a halachic procedure to follow for arranging this, and one should consult a rav for the proper manner in which to do it.

Does the Next-door Neighbor Have Priority if the Seller is a Non-Jew?

The halachah of bar metzra grants the next-door neighbor priority to purchase a property or field that is adjacent to theirs; however, if the seller is a non-Jew, the next-door neighbor does not always have precedence. Due to the possibility that the non-Jewish neighbor might wish harm to the Jewish family—as is the case in places where anti-Semitism is rife—buying that property is considered ari avrechi lach (literal translation: I chased a lion away from you), i.e., the aspiring buyer may tell the next-door neighbor, “Listen, you should let me buy the property next door, since your non-Jewish neighbor might harm you in some way—and by buying it I am eliminating that possibility.” The same applies to a Jewish seller who is ra malalim (ruthless).

Some poskim say, though, that if the next-door neighbor is ready, willing, and able to buy the property, they should be given the option to buy it before anyone else—but only if they are able to do so without delay. The concern is that a delay in concluding the sale might result in the sale of the property to a non-Jew. There are many other aspects to the halacha of bar metzra that are beyond the scope of this short halachah. In such situations, the two parties should consult a rav in order to settle the matter in an amicable manner. #340 ■

* References and marei mekomos are available for this Halacha on the websites: www.Halacha2Go.com and www.AskTheRav.com

Please note that these halachos apply in general situations. In unique circumstances, a different halacha may apply. If you are unsure whether the halacha applies to your particular situation, please consult a Rov.

Short Q&A’s

Is it permitted to listen to music I received from a friend, when 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 invention, he has the right to it forever and no one may reproduce it without his permission. Many different reasons are offered to explain this Halachic concept. The secular copyright laws can also apply, להבדיל.

In practice, according to many poskim, the producer has an actual ownership in his production, thus it is an issue of gezel (not just due to Takana, Dina D’malchusa, or general obligation to pay when benefiting). This appears to be the view of the Tzemach Tzedek too.

Accordingly, since ownership rights applies to all intellectual properties, it is forbidden to reproduce them if it causes losses or a potential lack of profit to the publisher or producer.

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.

If a business offers a free evaluation, but you know you won’t be able to afford to sign on, is it geneivas 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 intention of signing on. If one does not say so, there is an issue of geneivas da’as, as this is deception. The owner or the merchant assumes that the individual is planning to sign on or that there is a chance that they will sign on, and that is the reason why the client is being offered a free evaluation. If one makes it very clear that they have zero intention of signing on, and that their intention is purely to receive the free evaluation, then it is allowed.