Choshen Mishpat Course
Course Outline
Choshen Mishpat programs available so far:
- Dayanus-11 Months
- Eidus-7 Months
- Paying Workers-3 Months
- Partnerships-3 Months
- Damages Between Neighbors-7 Months
- Loans-30 Months
- Hashavas Aveida-4 Months
- Ona’ah-Mekach Ta’us-6 Months
- Shluchim-2 Months
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
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
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
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
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
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
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
To find out tuition costs please CONTACT US or SIGN UP
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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
To find out tuition costs please CONTACT US or SIGN UP