Choshen Mishpat Course
Course Outline

Choshen Mishpat programs available so far:

Hilchos Dayanus (93 shiurim):

    Subtopics are:

    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

    Subtopics are:

    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)

    Subtopics are:

    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):

    Subtopics are:

    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)

 

    Subtopics are:

    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 ofthe Shulchan Aruch, Rama and Acharonim

 

Hilchos Halva’ah / Loans (214 Shiurim):

    Subtopics are:

    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 is comprised of 40 Shiurim covering 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

    Subtopics 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

    Shluchim (15 shiurim):

    Description coming soon

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