Leprosy? ‘Any Kohen Who Is Not An Expert…’ (Shavuos 6a)
You are only required to pay what she charged in the past, answered Rabbi Dayan. However, I would recommend reaching a compromise with her.
In addressing the question of which devices may be used to remove one’s beard without violating the Torah prohibition, halachic literature focuses on the extent to which these devices function like a razor blade.
A Threat To Life And Limb ‘How Many Lashes Are Given Him?’ (Makkos 22a-b)
The reason the defendant is entitled to refuse to repay the loan or to return the deposit to only one of its owners is that he accepted the money or the deposit from both.
In the case of eidei hachashah, however, the second pair of witnesses testifies that the crime never occurred.
When Shraga was ready to go back, Ari looked in the closet, but the shirt was missing.
The underlying loan survives as the obligation of the borrower even after the release of the first guarantor.
There are, however, times when the concern of Chillul Hashem is so paramount that one must choose to die rather than violate any prohibition in public.
Entitlements ‘Not Returned To His Former Prominence’ (Makkos 12a)
But I bought the gem from you and gave you the money, reasoned Mr. Silver. You owe me the money; you go deal with the seller!
The lender who sued must hold half of what he collected on trust for the other lender.
The authority to incarcerate a person and deny freedom in certain situations is part of halacha le Moshe Mi’Sinai, the Oral Law conveyed by God to Moshe and by Moshe to the people of Israel.
But I borrowed the phone, so your liability is to me, responded Avi. Who cares what went on between me and Yitzi?
The Red Sea’s Argument ‘Relatives Of A Guarantor’ (Makos 7a)
The borrower who paid the entire loan would, of course, have a claim for reimbursement against the co-borrower for the amount he repaid on his behalf.
Without Warning ‘But You Were With Us…’ (Makkos 2a)
"I didn't knowingly damage," pointed out Mrs. Neuman. "I didn't intend to upset the table."
A judge must open the proceedings by urging the litigants to settle the dispute by way of compromise.
Is Silence Golden ? ‘Iyov, Who Was Silent …’ (Sanhedrin 106a)
For example, someone who sold seeds that turned out defective does not have to pay the customer for the incurred labor costs in planting them. When the damage was unintentional, as here, there isn't even a moral obligation.
The forgoing also applies to a plaintiff who sued two borrowers based upon a promissory note for the aggregate amount of the loan advanced to both of them and signed by them jointly.
In dinei nefashot – capital cases – the beit din will accept post verdict evidence to acquit but not to convict.
Must I give the produce itself or can I just give equivalent money to tzedakah instead?
As We Come Closer And Closer ‘… Like The Face Of A Dog’ (Sanhedrin 97a)
It is true that having been sued by Shimon, Levi had no choice but to pay off the whole loan.
If both sets of witnesses have withstood the rigor of the court’s cross examination, why, one might ask, does the beit din believe the evidence of the second set of witnesses more than the first?
The halacha is that the lender may proceed to collect the entire amount of the loan from one of the guarantors.
The Torah commands us to sit in the sukkah for seven days. Should we sit in the sukkah on a day that may be the eighth day when we are not commanded to sit in the sukkah at all?
There were always some organizations, though, that would not come to collect the money until after Yom Kippur. Mr. Sender was careful to place each tzedakah plate neatly under the bimah.
The Greatest Reward Of Public Service ‘…[He] Who Leads The Public Gently …’ (Sanhedrin 92a)
Accordingly, the lender must first try to enforce the primary obligation against each borrower before he may sue the other borrower in his capacity as guarantor.
Watch What You Pray For ‘Acts Befitting Your People’ (Sanhedrin 85a)
I don't know whether I can use ma'aser money to purchase a mitzvah, said Aharon.
When Yom Tov begins on Wednesday night, the eruv tavshilin ceremony is performed on Wednesday and when Yom Tov begins on Thursday night it is performed on Thursday, in each case by the head of the household.
How do we know the pledge was in error, though? asked the gabbai. Perhaps Mr. Hoffman intended to donate $10,000 regardless!
As if to emphasize the point, the Torah uses the phrase “be’etzem hayom hazeh” – “on this very day” – both in connection with fasting on Yom Kippur and with brit milah.
One’s Life Partner ‘The Only Poor In Israel Is The Subtly Wicked’ (Sanhedrin 76a)
If, however, both borrowers have assets, all the laws of a guarantor apply and the lender may not collect the entire loan from the guarantor but must collect half from borrower.
Withholding The Rod ‘A Rebellious Son Never Existed And Never Will’ (Sanhedrin 71a)
He should have anticipated that the plaintiffs themselves might later forget who gave what.
When the employer stipulates clearly that the work must be done by a certain time, failure to complete it on time is a breach of contract, replied Rabbi Dayan.
On the night immediately following the 29th day of Elul and on the 30th day of Elul itself, people hedged their bets. They ceased work, went to the synagogue, recited the Rosh Hashanah prayers and blew the shofar, all in a tentative state of mind.
Start Of The Yeshiva Semester ‘Today Is Propitious…’ (Sanhedrin 65b – 66a)
There was no basis for him to assume that the two plaintiffs trusted each other and that one of them would not claim the repayment of a loan he never lent.
Today, few people fast during the Days of Selichot, but the custom is to rise early to recite Selichot.
The store was a rather expensive one. Furthermore, the mark-up in the clothing industry is usually about 100 percent.
Global Shabbos – Everywhere Simultaneously Departing After Shabbos, Arriving On Shabbos (Sanhedrin 58b)
From the violator’s perspective, the prospect of death at the Hand of God may seem as dim as a cloudy star.
I jumped into the water to save someone's life and my cell phone got ruined, he said. Is the man liable for the ruined phone?
On that Yom Kippur, the shattered pieces of God’s faith in the Jews were restored and the twin tablets of their eternal relationship renewed
They did not want the borrower to assume they trusted each other. Their purpose in telling him who lent what was so the borrower should take note of it.
A Future Investment ‘ A Halacha For The Days Of Moshiach’ (Sanhedrin 51b)
A Wedding Dance ‘ It Should Be Said While Standing…’ (Sanhedrin 42a)
Before receiving two hundred dinarim, each lender must swear that he was the one who lent two hundred dinarim.
By stifling your testimony, you deny the litigant this evidentiary benefit.
The halacha is that first C must repay the two hundred dinarim that are not in dispute.
D’tzach, Adash, B’Achav ‘Everyone Is Qualified To Judge’ (Sanhedrin 36b)
If the plaintiff lives in Chicago and the defendant lives in New York, the plaintiff may not summon the defendant to the bet din in Chicago but only to the bet din in New York.
The two decided to approach Rabbi Dayan. Mr. Weil damaged my car, said Mr. Braun. I'd like to have it repaired at a dealer-authorized body shop, but he has a cheaper estimate. Is he liable for the full cost?
Cases involving fines and punitive damages, kenas, required a court of three judges ordained with authentic semicha.
This will render any note the plaintiff may subsequently produce null and void...
Such a document is legally binding, said Mr. Cohen, but I'm not sure that it's halachically binding.
A Parrot Or A Lie Detector? ‘We Admonish The Witnesses’ (Sanhedrin 29a)
Many contemporary Jews living outside of Israel might treat a summons from the bet din, the Jewish court of law in the Diaspora, like a letter that can be ignored.
When Nosson returned, Gabi said to him: Avi came by for the $100 that you owe him. I paid him for you, so you can give me the $100.
Maintaining A Library ‘He Shall Write A Sefer Torah’ (Sanhedrin 21b)
If the defendant trusted the plaintiff with such a dangerous weapon as a promissory note, he only has himself to blame.
The door to our troubles first opened on that Seventeenth day of Tammuz when Moses walked in on the worshippers of the golden calf and shattered the tablets of the law.
Awaiting Elijah ‘Semicha… Is Performed By Three’ (Sanhedrin 13b)
Had the plaintiff brought two witnesses to testify in his favor, he would have won the case and judgment would have been entered against the defendant.
The Rambam, however, was of the opinion that hearsay evidence is not sufficient to require the defendant to take the Shevuat Heiset oath of denial, even if it came from the plaintiff’s father.
The search continues on in this way up the paternal family tree until it finally locates a living relative.
Ari took $200 out of his wallet. He said to two friends at the adjacent table: For the record, see that I'm lending Shalom $200.
The Longest Mesechta? ‘We Shall Return To You…’ (Bava Basra 176b)
When does the obligation of mitzvah lekayem divrei ha’met apply, and how could it have improved Jill’s position?
It should, therefore, be deemed insufficient to oblige the defendant to take the Shevuat Heiset oath of denial.
Mr. Gefen approached Rabbi Dayan and related the story. Can I take from the store what I deserve? asked Mr. Gefen.
A Shidduch Solution ‘Known In A Town For 30 Days…’ +---------------- (Bava Basra 167b)
Why does the halacha not recognize the validity of wills made in accordance with the law of the land?
Either way, the defendant does not have to take an oath to rebut the claim of an uncertain plaintiff.
My glasses! exclaimed Moshe. I hung them on the seat in front and you cracked them.
Rash And Impulsive ‘A Place Inhabited By Many Kohanim …’ (Bava Basra 160b)
Our rabbis, keenly aware of the often ephemeral nature of our resolutions, make us jump through some procedural hoops in order to ensure that we mean what we sell or give away.
Before the Torah obliges a defendant to take the Modeh Bemiktzat oath of partial admission, the defendant must admit at least one perutah of the claim and deny two maot.
It is the certainty with which the plaintiff presses his claim that obliges the defendant to take an oath and that saddles him with a moral obligation to pay.
Crossing The Divide ‘Then The Two Men Shall Stand…’ (Bava Basra 155b)
The bags had floated off in opposite directions and were already filling with water. Yehuda paddled away to pick up his bag.
The Priest Forbade Chametz ‘Acquired By Admission’ (Bava Basra 149a)
A typical example of a chok is the prohibition against wearing sha’atnez, clothes made of wool and linen. A typical example of a mishpat is the prohibition against murder.
Mr. Stein notified all the participants and called Mr. Turk. Our flight was delayed, he said. We will have to reschedule the bus for 5 p.m.
In order for an admission to be acceptable in court, it must be made in front of two witnesses appointed to hear it.
By Rabbi Dr. Nathan Lopes Cardozo
From a human perspective, circumcision happens just once; but from the perspective of mission, the message conveyed by this act – the Jewish nation’s unwavering commitment to a higher mission – resounds forever
Migo applies in a case that a person, usually the defendant, states a weak claim, one that would not ordinarily be believed...
It is upon the plaintiff to bring the required evidence to prove his case.
There can be no experience so unequivocal and obvious as to conclusively prove the existence of God or the divine origin of His Torah.
A Dramatic Change ‘Where His Son Traveled Overseas….’ (Bava Basra 132a)
The court is concerned the plaintiff might be exploiting the heir’s ignorance of his father’s business affairs and is trying to get paid a second time.
However, if the renter has a definitive claim (ba'ree), as in our case, he is in possession since he holds the money.
Who’s On First? ‘Who Is Considered A First Born?’ (Bava Basra 126b)