Yeshiva Pirchei Shoshanim

Choshen Mishpat Course

 

Syllabus for Dayanus – Choshen Mishpat (Rabbincal Judge) Course

_________________________________________________________

Dayanus programs available so far:

Hilchos Dayanus (93 shiurim):

What is and is not judged in our times

Who is authorized to judge in our times

How many judges are necessary for judgment

When does one do judgment for himself

Which day and which hours do the judges sit to judge

Who is worthy of judging and who is disqualified

Who is appointed as a judge

The prohibition of bribery and judges’ salary

Summons to court

Dinim of compromise

Choosing judges via the opposing parties

Who is the one who decides which court to go to

The time to bring proof

Equivalence of both parties in all matters

Going after the majority

Manner in which the psak din is given

If the sides took for themselves either a relative for a judge or a disqualified person

The plaintiff comes first in several matters

A judge who erred in judgment

Not to judge in secular courts

 

Hilchos Eidus / Witnesses (55 shiurim):

Obligation to testify and the order of testimonial acceptance

Investigations and inquiries

Witnesses who deny

Disqualified witnesses due to family relationships

Disqualified witnesses due to transgressions committed

Disqualified physically, such a deaf person, fool or youngster

If the witness was found to be a relative or disqualified

Disqualified witnesses due to taking sides

 

Paying Workers (22 Shiurim):

Delaying payment of wages (basis of the law)

An employer’s obligations to his workers

Hiring workers via an emissary (who deviated from the sender’s instructions)

An employer hires workers via a representative and they say that they accept the wage that the employer said

An employer or worker retracted, who must compensate whom, and by how much?

When a day laborer or contractor retracts in the middle of a job

When a laborer or contractor retracts and the work is a Davar Aveid

The laws of a worker, caftsman teacher and other sorts of employees

Workers that came to their job and found that they could not work there

The laws of a sharecropper and teacher

A worker who finished his job quickly

The pay for an agent sent on an assignment that he was unable to do in the end

In what conditions can an employer tell a worker, “take what you did as your pay”

Worker eats from the produce he handles

What a guard may eat, and if a worker can eat more than his wage

Laws pertaining to a worker’s right to eat while working

The obligation of a worker to guard his strength and do his job well

The laws of muzzling an animal while it works

 

Partnerships (21 Shiurim):

What a partnership is and how it is formed

How a partnership is formed between craftsmen

How to divide the profits of a partnership

The status of a partner and his authority

How the partner is to act when engaging in the partnership

A partner formed a partnership with someone else or dealt in forbidden merchandise

Laws concerning dissolution of a partnership and its assets

Independent division of a partnership, and what happens if a partner falls ill or dies

Dividing promissory notes, and when a partner or workers retracts

Partners as claimants or defendants

Laws of a partner who made his own division and the law of a third partner

Various laws concerning partnerships

One partner’s obligation to another and the law of partnership with a non-Jew

Partners, one of whom was taken into the service of the king or fell ill

Certain matters between partners

A partner who works on a co-owned field, or who makes a chazaka

Rescuing from bandits that try to take by force

 

Damages Between Neighbors (53 Shiurim)

 

Placing a ziz and making a chazaka on it

The Halachos of placing a ziz, drain spout and gutter

The laws of a roof owner and yard owner concerning building a gutter or drain spout

The laws of pouring rainwater from a roof, and the law of raising a drain spout

Where does the water go, and the laws of a chazaka for a ladder and wall

A chazaka on putting beams into a neighbor’s wall

Making an entrance from a house to another yard, and laws of adding a room or story

Adding new occupants to one’s house and visual trespass as it pertains to building a window that faces opposite a neighbor’s window or into his yard

Opening a window opposite a window or an entrance opposite an entrance in various situations

A change in the form of a door or opening

Making a window that faces a neighbor’s yard and all it entails

The laws of a Jew who buys a house from a non- Jew, is he obligated by the non-Jewish laws

A chazaka when one buys from a non-Jew

Sealing a window, the laws of distancing a wall from a window

Various laws concerning distancing construction from a window

Two brothers who inherit, one a house and the other a yard, and the laws that result from this

Damage from a window facing a yard or garden

Distancing various types of Tanurim (Ovens) to prevent damage

Distancing a bakery, paint store (and barn) from a neighbor’s storage room

Water and moisture damage, and laws of distancing damage from a wall

Distancing Urine, a millstone and an oven from a wall

Distancing various types of water pits and a nearby wall from a neighbor’s water pit or wall

Distancing a wall from a neighbor’s wall

Distancing damage that involves banging and vibrations, as well as distancing a ladder from a dovecote

Distancing a wall from a drain gutter, and the required distance between two pits

Distancing a tree, a granary and foul odors from a city

Distancing a dovecote from a city, and distancing different trees from each other

Disturbances caused by a tree or its branches to a neighbor’s yard

Distancing the damage of a tree, and other required distances between two fields

Direct and indirect Damages, and the din of a chazaka on these forms of damage

A chazaka on major forms of damage such as smoke or an outhouse

Who must prove his chazaka, preventing indirect theft and the law of opening a store in a jointly-owned area

Preventing a neighbor from opening a store in his home and disturbing the surrounding residents

Impinging on another’s livelihood — rulings of

the Shulchan Aruch, Rama and Acharonim

 

Hilchos Halva’ah / Loans (214 Shiurim):

Writing a note for one of the sides without the second side

Dinim of commitments

A note which was erased or lost

Wording of the note

The time of the note (the date)

Manner of writing the note

Dinim of witnesses who are signing on the note

A note which has some type of prohibition

All dinim of money which was deposited by a third party (messengers for debts)

An outrageous claim vs. a valid note

Dinim of guarantees and something which never existed

Dinim of a woman who has business dealings in her house (independent) regarding promissory notes

Dinim of a note which was found

Manner of selling notes

Shmitas Kesafim and Prusbul

Notes which were made in secular gentile courts

Dinim of believing (where the borrower believed the lender)

Dinim of Mashkon (collateral)

The span of time for a loan (debt)

Where does one give back the loan and with what should he pay it back

 

Hilchos Hashavas Aveida (returning of lost objects):

Hashavas Aveida should require approximately 40 Shiurim to cover Simanin 259-271.

The sub-topics covered are:

An introduction to the obligation to return lost objects-did the owner give up hope?

The location where the item was found- if most of the city is not Jewish, do you have to return items?

An item intentionally placed and forgotten-switched coats

Which items must be returned and which may be kept?

When it is embarrassing to return it- must the Rosh Yeshiva pick up a lost toy?

Priorities in returning lost objects-your father or Rebbe?

Expenses incurred in returning the item- can they be recouped?

Returning a gentile’s item- is there Hashavas Aveida in Chutz l’Aretz?

Caring for the lost object-can you leave it in the owner’s yard when he is not home? What was Rabbi Chanina ben Dosa obligated to do?

Publicizing the find

Acceptable Simanim

Acquiring the lost item- if a passenger finds money in a car, who keeps it?

An object found by a child-who is responsible, the parent?

 

Ona’ah-Mekach Ta’us:

Ona’ah-Mekach Ta’usshould require approximately 45 Shiurim to cover Simanin 227-240

The sub-topics covered are:

Overcharging

How much is accepted and when does it invalidate the sale or require the seller to return the difference?

Situations where it is permitted to charge an excessive price

An agent who accepted an unfair price

Verbal abuse

Tricking people

Dishonest advertising

Acceptable ratios of defective merchandise

Fair measurements

How precise do you need to be?

A mistaken quantity

One who receives a different item than he ordered

Someone who sold non-Kosher products

Ona’ah for minors

Buying stolen property

Outrunning someone to a sale

Writing a contract for sale in the buyer’s absence

Replacing a lost contract

A house sold twice

enroll online