Asher had Yankel summoned to Rabbi Dayan's beis din. He presented his claim; Yankel denied it.
Even in the Diaspora Jews need some Jewish judicial system for dealing with one another.
Possession Is 100 Percent Of The Law ‘Stolen Chametz Became Forbidden Due To The Intervening Passover’ (Bava Kamma 96b)
The case was complicated. There were disagreements over factual issues with conflicting evidence; the halacha was also subject to a wide-ranging dispute between the authorities.
The Lost Or Relinquished Kesubah ‘A Couple May Not Live Even One Moment Without A Kesubah’ (Bava Kamma 89a)
Hillel felt the counselors and camp administration did not have sufficient authority to deal with Bernie. Reluctantly, he agreed to sell the bat to Bernie for $200.
Where there is no clear practice, the families can withhold the fee until the wedding.
A Dog’s Life ‘Raising Dogs Is Like Raising Pigs’ (Bava Kamma 83a)
Consent, however, is an elastic phrase under Jewish law and can be stretched almost to breaking point.
Unkosher Tefillin From A Kosher Animal ‘Shechitah Does Not Make The Meat Permissible’ (Bava Kamma 76b)
By Guest Author
What are the main changes when Tisha B'Av falls on Shabbat or Sunday?
When the fast is postponed to Sunday or when Tisha B’Av occurs on Sunday, the final meal eaten before the beginning of the fast is the seudah shelishit, the third meal of Shabbat.
The Torah holds that the one who created the hazard is liable, even if he does not own it.
Suffer The Thief ‘One Stole And Another Stole It From Him …’ (Bava Kamma 68a)
Clearly, one’s liability for guarding the lost ring depends on the interpretation of the Talmudic dictum of osek bemitzvah.
A Tale Of Two Cities ‘The Destructive Force Does Not Distinguish Between Good And Evil’ (Bava Kamma 60a)
According to Rav Moshe Feinstein, the First Period commences on the morning of the Seventeenth of Tammuz rather than the night following the Sixteenth of Tammuz.
"Could you please take my wallet?" Menachem asked. "I have two thousand cash in it. Make sure to put it in the safe."
Napoleon said referring to the Jews, "Certainly a people which has mourned the loss of their Temple for so long, will merit to see it rebuilt!"
Who Permitted Eating Turkey? ‘Geese And Wild Geese Are Forbidden Together’ (Bava Kamma 55a)
"That's makes him a rasha [transgressor] who is disqualified from testifying."
"I have no way of paying you back in the near future," said Mr. Stein. "I have no more assets to sell."
All persons accused of murder were confined to the cities of refuge during their trial in the Sanhedrin.
Staying Alive Underwater ‘She Has Already Ascended’ (Bava Kamma 50a)
Honoring A Father’s Wishes ‘ He Shall Give It To Whom He Has Trespassed’ (Bava Kamma 40b)
Yehuda hit the brakes – but they didn't respond. He veered into the shoulder and crashed into the barrier.
A Matter of Anticipation ‘A Stone Flew From His Hand, And Another Put Out His Head From A Window …’ (Bava Kamma 33a)
When an illegal act incurs corporal punishment or lashes (malkot) and monetary liability, the rule of kam lei also applies.
After Mr. Weiser left, Mr. Lander opened the envelope. He counted the money and found $600. There were five one-hundred dollar bills and five twenties. "That's strange," Mr. Lander said. "He only owed $480."
Taking The Law Into One’s Own Hands ‘Break His Teeth And Tell Him I Am Taking Mine’ (Bava Kamma 27b)
Are all dogs inherently vicious? Is there such a thing as a tame dog?
After some deliberation, the judge dismissed the case. Mr. Braun walked out feeling great.
Is It Trespass? ‘Reuven Didn't Benefit And Shimon Didn't Lose’ (Bava Kamma 20a)
What is the nature of chetzi nezek? Is it compensation or is it a fine?
"I can't stop you from using the whole apartment," reasoned Moshe. "But if you're making money on it, I'm still a partner and entitled to half the amount!"
Limited Liability ‘It Excludes An Ox That Gored…’ (Baba Kamma 13b)
In the case of a loan, witnesses are not required to make the loan transaction legally effective. The loan can be legally effective without them.
Is It A Penalty? ‘Why Not Deal With False Evidence?’ (Bava Kamma 5a)
Mr. Abrams turned to Rabbi Dayan: "Whom should I honor with the bris?" he asked.
A Ruling Too Novel? ‘One Who Ate Nevelah On Yom Kippur Is Exempt’ (Kiddushin 77b)
"That happens," said Shaindy. "We're always breaking dishes in my house, too."
In Spite Of The Consequences ‘There Is Birtha di’Satya In Babylon’ (Kiddushin 72a)
"Do you really think it's theirs?" asked Shlomie. "They're only kids."
"I'll deal with Levi later," said Reuven. "I'll explain to him that my brother needs it."
The Recanted Testimony ‘A Solitary Witness Said To Him’ (Kiddushin 65b)
The parents, by straining the tolerance of their children to the breaking point, pushed them to the brink of disrespect.
You Are That Man! ‘A Poor Man Looking For A Griddlecake…’ (Kiddushin 59a)
When performing the duties of kibbud av va'aim in front of one’s parents, one should do so with a smile, not begrudgingly.
The Snatched Zuz ‘None Pay Regard To R. Shimon’s Dictum …’ (Kiddushin 52b)
"But doesn't a person's property acquire for him, even without his awareness?" asked Mr. Laufer. "Since the chametz is sitting in my house, wouldn't I acquire it automatically?"
The first and perhaps broadest permitted category is known as “Tzorach HaMoed,” meaning work that enhances the joy of Chol HaMoed.
By Tzvi Fishman
Jews of the exile cannot truly understand Passover, a festival of national faith, of a free people returning from exile to their home.
Polite And Respectful ‘It Is Audacious To Appoint One’s Father A Shliacht’ (Kiddushin 45b)
Since this action is for the other person's clear benefit, you are considered a 'self-appointed' agent.
A Year And A Day ‘Hashem...Completes The Years Of The Righteous’ (Kiddushin 38a)
"Preventing loss is also included in the mitzvah of hashavas aveidah," answered Rabbi Dayan.
"I found the loan document," Mr. Naiman notified Mr. Shuker. "You clearly lied in beis din and owe the full amount that I claimed!"
Both Rise To The Occasion ‘What If His Son Is His Teacher?’ (Kiddushin 33b)
By Rabbi Dr. Nathan Lopes Cardozo
The laws of shechita and tzaar ba’alei chayim were meant for Jewish communities who would eat meat occasionally, not for the huge industry we have today
Moshe’s Request ‘I Love My Master, My Wife, My Children…’ (Kiddushin 22a)
"What was that?!" exclaimed the surprised patron, Mr. Jacobs. "There goes my lunch!"
By Tzvi Fishman
The Jews of Hevron sanctify His Name daily by living in the resting place of our holy Forefathers, sacrificing their own comfort for the greater good of the Nation
It’s In The Will ‘A Non-Jew Receives His Father’s Estate’ (Kiddushin 17b)
After a year of being on his best behavior, Chaim asked his father if he would be willing to cancel the stipulations. "I walk around nervous thinking that if I slip on the conditions I lose the car," he said.
She Ate Unwittingly ‘If She Married A Kohen She Eats Terumah’ (Kiddushin 10b)
"But when you buy two items, each one costs less," reasoned Mrs. Simcha. "How can you say that Mr. Sasson's was full cost and ours half-price?!"
According to the Shach, the prohibition against erka’ot akum does not apply when Jewish litigants agree to litigate in front of a named non-Jewish judge.
By Rabbi Dr. Nathan Lopes Cardozo
The quality of our prayers may have to take precedence over quantity, some may no longer work for us
Filling In The Blanks ‘Esrog Similar To A Tree In Three Ways…’ (Kiddushin 2b-3a)
"Similarly, aside from the amount that is certain, you don't know whether anything more was put in the container." (C.M. 75:9)
By Rabbi Dr. Nathan Lopes Cardozo
A Gavra Rabba, an extraordinarily great person, is one who reduces the pain of fellow human beings!
Excluding The Excluded ‘You Are Permitted To Any Man But My Father…’ (Gittin 85a)
"The value of silver, in comparison to other items, has dropped precipitously in the past few centuries," replied Rabbi Dayan.
Mr. Braun notified the landlord. "We'll cover the air-conditioning repair," the landlord said. "That's included in house repairs."
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Deliberate Humiliation ‘Take Care of My Father’ (Gittin 75b)
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Viewing Competency “A Deaf Person Able to Speak” (Gittin 71a)
"Do you have witnesses who can support this allegation?" asked Rabbi Dayan.
The father does not need to worry about his daughters when they marry because the family bank of the husband’s family unit will support them.
If the general rule is hamotzi machavero alav harayah, why do we not apply it to the $50,000 the defendant denies?
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Completing An Assignment ‘A Get May Be Written And Given Even 100 Times’ (Gittin 63b)
"Mr. Stein is believed that he repaid," answered Rabbi Dayan, "since the loan document is invalid."
By Rabbi Dr. Nathan Lopes Cardozo
Judaism's about bold ideas & actions. Its goal isn't finding the truth but honestly searching for it
By Rabbi Dr. Nathan Lopes Cardozo
One is also obligated to destroy a mixture of meat & milk even if there's no intention to consume it
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
In The Aftermath Of The Betar Massacre ‘Forty Se’ah Of Tefillin Casings Were Found…’ (Gittin 57b-58a)
The philosophical explanation may be that the Torah itself sometimes tells us which mitzvah is more important in God’s eyes.
"What are you talking about?" asked Moshe. "I wasn't aware that the kesubah entailed payment of such sums."
By Rabbi Dr. Nathan Lopes Cardozo
Chess reminds one of Talmudic halachic debate with its "deliberate" tendency to make life harder
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Splitting Grains? ‘Mixed Untithed Produce’ (Gittin 47b)
“But what do you want from me?” argues Shlomo One. “I acted responsibly. I gave the Porsche to a shomer sachar who has an even greater duty of care toward you than I do.”
"I understand you point of view," said the brother, "but if seems wrong to me. I'd like to consult Rabbi Dayan on this."
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Futures ‘A Matter As Of Yet Non-Existent’ (Gittin 42b)
"Is there any ethical issue in accepting the enhanced offer of the second employer?" asked Nate.
By Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
A Signature Dispute ‘Signing…For Tikun Olam’ (Gittin 34b)
"What's the difference?" argued Mr. Fine. "You caused me a loss in both ways!"
One Shabbat afternoon, Mr. Cohen, who was perfectly healthy and sipping tea at the time, turned to his son Jack and said, “You know that I love your sister, Jill, as much as I love you. So when I die, I would like her to have half of my estate together with you.” Later, when […]
A healthy person cannot effectively say, “When I die, you will get my property.”
Moses’ mission to convey the terms of redemption to the people also meets with disaster.
"There are differences between the halachic concept of mekach taus, or mum b'mekach, and that of a warranty," answered Rabbi Dayan.