Yeshiva Pirchei Shoshanim

Choshen Mishpat Outline

Syllabus for Dayanus (Rabbincal Judge) Course

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This course has been compiled by Rabbi Yitzchak Tzvi Oshinsky.

This program is a compilation of key topics which are found in the Shulchan Aruch, Even HaEzer and Choshen Mishpat. It is compiled from the 605 Simanim of the Shulchan Aruch found in these two sections.

The course is divided in concurrence with the order of Dayanus Exams which are routinely given by the Chief Israeli  Rabbinate, namely four parts: Even HaEzer, Choshen Mishpat Part 1, Choshen Mishpat Part 2, and Choshen Mishpat Part 3.

 

Syllabus for Dayanus (Rabbincal Judge) Course

Hilchos Nissuin (Marriage Laws) and Piryah Verivya (Reproduction):

Age of marriage

Whom should one marry

Disqualifications for marriage

Women prohibited for marriage by a Kohen

 

Hilchos Ishus (matrimony):

Those disqualified to marry into society (Pesulei Kahal)

The dinim of a woman katlunos (a woman whose first two husbands passed away)

A woman who was suspected of performed zenus (incest)

How much time must a divorcee or widow wait before remarrying

Arayos (incest) from the Torah and M’Drabanan (the Sages)

Dinim of permitting an Agunah (a woman whose husband is missing)

Distancing from any form of proximity with Arayos

Dinim of Yichud (a male and female remaining alone together)

 

Hilchos Kiddushin:

Manners of Kiddushin

Terminology of Kiddushin

Details in validity of Kiddushin

Brachos of Eirusin

Messengers for Kiddushin

Kiddushin on condition

Kiddushin with the woman’s agreement

Partial Dinim of Witnesses for Kiddushin

Kiddushin of youngsters, and matters of unusual Kiddushin

Dinim of Savlunos (gifts from the Chassan to Kallah)

Dinim of a fiancé and fiancée

What is a Chuppah, and which kinyan (acquirement) does it make?

Birchas Chasanim (Sheva Brachos)

The time for marriage

Simchos Chassan V’Kallah

 

Hilchos Kesuvos (marriage contract):

The details of the din of Kesuba

A Kesuba of a deaf person or a youngster

Claim of Besulim (virginity)

A man’s obligation to his wife and a wife to her husband

Obligation of support for a wife

Obligation of support for children

Obligation to give lodging and clothes for a wife

Where will they live after their marriage

Seasonal (onah) obligation for a wife

Dinim of a male and female rebel

Obligation of redeeming and healing

A woman’s earnings for her husband

Din of finding a woman

Dinim of different forms of assets (nichsei milug and nichsei tzon barzel)

Obligation of a husband to bury his wife, and the din of his wife’s inheritance

Support for a widow

Obligation of lodging for a widow

A widow’s earnings for her heirs

The oath of a widow and a divorcee

Estimation of the widow’s belongings when she comes to retrieve her marriage contracts (and the din of a divorcee in this matter)

From which assets of her husband can she collect the Kesuba

How much is collected for her Kesuba

One who sells or pardons her Kesuba

A kesuva of money for children (binyan dichrin)

Support for daughters

Enrichment of assets for a daughter who is getting married

One who took upon himself to support the daughter of his wife

Dinim of a woman who goes against her faith (unacceptable behavior)

One who marries a prohibited woman

Dinim of a woman who is prohibited

 

Hilchos Gittin (Divorce):

In which case can a man divorce his wife

Din of Cherem D’Rabbeinu Gershom (ban of Rabbi Gershom) so as not to divorce a wife for nothing

Instruction of one who is divorcing via a get

The divorcee should be clear in his mind

Who writes the divorce and on what is it written

The phrasing of the divorce

Dinim of time in the divorce (the date)

The place mentioned in the divorce

Dinim of signing the divorce

Dinim of witnesses for divorce

The divorce should be with honest intentions

Witnesses for delivery of the divorce

Cancellation of previous messages and a forced divorce

Reading the divorce

Dinim of giving over the divorce from his hand to hers

Dinim of messenges for the divorce

Bringing a divorce in Eretz Yisrael or in Chutz L’Aretz

Conditions of a divorce

An old divorce (where one had yichud with his wife after it was written)

Obligation of a divorce by a man who lived with a woman without marriage

When is divorce forced, and the dinim of forcing divorce

 

Hilchos Miyun, Yibum, and Chalitza

Dinei Sotah

 

Shulchan Aruch Choshen Mishpat (Part 1 – First Exam):

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 Aidos (Witnesses):

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

 

Hilchos Halva’ah (loans):

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

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