CM Questions

“Shalom Robert, this is Shmuli Margulies. You remember that diamond you were looking for? Well, I just received a shipment, and I have a beautiful 2 carat diamond. It is exactly in your price range of $10,000. Would you like to come by to examine and purchase it? Not until next week? Oh, let me get back to you, as I am going out of town next week.” Shmuli hung up the phone and then called his friend and fellow jeweler Howard Ratner.  “Howard. I am in Antwerp next week, but I have a customer who wants to look at this 2 Ct diamond. Can I give it to you to store in your safe? He’ll come by, examine it, and if he wants it, he’ll give you $10k. Yes. Good!” Later that day, Shmuli gave Howard a sealed envelope which Howard immediately put into his safe. 

A week later Shmuli comes into Howard’s store. “I heard that Robert wasn’t interested in the diamond, so I’ll take it back now.” Howard opens the safe but the envelope with the diamond is gone! “I am really sorry, Shmuli, but it has been so busy, I haven’t a clue what happened to the envelope. But I can think of three reasonable possibilities:

1. I returned it to you already, but I don’t remember.
2. I gave it to Robert, and he kept it.
3. Someone stole it.

“By the way, I never opened the envelope, so I am not even sure that there was a diamond of any value inside!” The case eventually makes it way to the Yorkville Beis Din, where they determined that this case was identical to the one poskened by Rav Moshe Feinstein, zt"l, (other than the value of the diamond), and they also ruled the same: That Howard was obligated to pay $2,222 to Shmuli for the lost diamond. Please explain how the Beis Din calculated this number.

Which of the following Rabbis are considered to have "True" Semicha (Biblical ordination) (select al that apply):

1. A Rabbi today who has received semicha anywhere in the world.
2. A Rabbi who can trace his semicha back to Moshe Rabbeinu and was ordained in the land of Israel.
3. A Rabbi who can trace his semicha back to Moshe Rabbeinu and was ordained outside of the land of Israel.
4. A Rabbi who received semicha from the Rabbanut of the State of Israel while in the land of Israel.

Rabbi Margulies began a course in Kashrus at The Fallsdale Kollel, and each graduate would receive semicha from him at the end of 2 years of study in the area of Kashrus. What power does this semicha have?

1. It is "True" semicha, and the recipient can pasken on all matters.
2. It is not "True" semicha, but nonetheless the recipient can pasken on all matters.
3. It is not "True" semicha, and the recipient cannot pasken on all matters.

Rabbi Margulies continued to teach the laws of kashrus to his morning kollel, while the night kollel began a new program learning the laws of monetary disputes. When both groups complete their studies and get semicha, what type of semicha will they get?

1. Both will get "yoreh yoreh"
2. The kashrus group will get "yoreh yoreh" while the monetary disputes group will get "yadin yadin"
3. The kashrus group will get "yadin yadin" while the monetary disputes group will get "yoreh yoreh"
4. Both will get "yadin yadin"

The Yorkville Beis Din tried to properly enforce the rulings of the Gemora, but nevertheless was somewhat restricted compared to a Beis Din from 2000 years ago. Please select all of the actions that a Beis Din can still do today:

1. Collect all types of fines.
2. Force a party to take an oath (shavua).
3. Mediate a compromise between the parties.
4. Collect a fee for their services.

Nowadays, can a Beis Din judge all monetary cases, as they did in the time of the gemora?

Rabbi Margulies finished his kashrus course and during a gala ceremony gave over semicha to his students. Should Rabbi Margulies place his hands on the heads of the students when he does this? What if Rabbi Margulies was living in the time of the Gemora?

1. He should place his hands on the heads of the students in both cases.
2. He should not place his hands on the heads of the students today, but in the time of the gemora he should.
3. He should not place his hands on the heads of the students in both cases.

During the sheva brochos for Mr. Goldberg's daughter that Mr. Brochstein graciously hosted in his mansion, an unknown guest cracked the Stueben Glass Egg that Mrs. Brochstein had on display. Mr. Goldberg and Mr. Brochstein could not reach an agreement, so they both agreed in writing to bring their case to the Boca Beis Din. While this was the most respected Beis Din in all of Palm Beach county, none of the dayanim had true biblical semicha. According to the A.H., will the losing party be obligated to adhere to the decision?

"It clearly states that Mr. Silverman owes me $1000 and was supposed to pay me back 6 months ago," said a frustrated Mr. Goldberg to Rabbi Cohen, as he showed him the loan contract. "I have no choice but to take him to Beis Din now! as he denies the loan" "Wait, a moment," interrupted Lenny (the "louse"), "let me see that contract!" as he pulled it out of Mr. Goldberg's hands. But after examining it for a moment, Lenny ripped up the contract and even swallowed the paper that had most of Mr. Silverman's signature on it! What power does Beis Din have right now:

1. Beis Din can force Mr. Silverman to pay Mr. Goldberg $1000, even though he denies it and there is no existing contract.
2. Beis Din can force Lenny (the "louse") to pay $1000 to Mr. Goldberg, as when he ripped up the loan contract, he has caused Mr. Goldberg a loss, as he can no longer prove the loan.
3. Beis Din has no power to do anything in this case.

Mr. Brochstein and Mr. Goldberg decided to settle their dispute regarding the cracked Stueben Glass Egg in the Boca Beis Din. But as Mr. Goldberg was filling out an application, he noticed that one of the dayanim was Dov Brochstein. "That's my cousin, but don't worry, he is completely impartial," said Harry Brochstein. Mr. Goldberg spoke with Rabbi Goodman who assured him that Dayan Brochstein was indeed impartial, and so he agreed to move forward and signed the application to have the case heard in the Boca Beis Din. If Mr. Goldberg loses, can he get out of paying?

1. Yes, because one of the judges was a relative.
2. Yes, because the dayanim on the Beis Din do not have "real" semicha.
3. No, because he signed an agreement.

Hertzl gave Elky a get in the Yorkville Beis Din and Elky gained custody of their son Gidon. According to the divorce agreement, Hertzl was to pay $400/month to Elky for child support. But after a few months, Hertzl stopped paying the child support. Can the Yorkville Beis Din force Hertzl to pay Elky this child support?

Mr. Goldberg forgot his gemora for Rabbi Cohen's Daf Yomi Shiur, so he took a brand new gemora from the shelf which happened to belong to Lenny (the "louse"). Unfortunately, Mr. Goldberg spilled his coffee on the gemora during an exciting sugya, and the coffee soaked through ALL the pages, ruining the sefer. Before Mr. Goldberg could say "boom", Lenny (the "louse") found out, sued Mr. Goldberg in New York County Small Claims court and won $49.99 - the price of a new gemora. Mr. Goldberg paid the claim, but was so upset that Lenny sued him in secular court that he sued him back in the Yorkville Beis Din for $49.99 - the amount of money that Lenny gained by not following the halacha and going to secular court. How will the Yorkville Beis Din rule?

1. They will force Lenny to return the $49.99 to Mr. Goldberg.
2. They will let Lenny keep this money.

Lenny (the "louse") purposefully damaged Mr. Goldberg, causing him a loss of a few thousand dollars. Mr. Goldberg filed a claim against Lenny in the Yorkville Beis Din, but Lenny's lawyer responded that the court did not have standing to try the case and therefore Lenny would not appear. The Court Secretary admitted to Mr. Goldberg that the court had no standing, since a "modern Beis Din" does not have the power that a "real" Beis Din of 2000 years ago had. Is there anything that the Yorkville Beis Din can do in this case?

1. No, as they no longer have authority in this area.
2. Yes. They can try Lenny in absentia and put a lien on his property to collect money from him.
3. Yes. They can put Lenny in nidui (excommunication) until he follows the rulings of the Beis Din.

After Rabbi Silverstein, the assistant Rabbi at Congregation Shaarei Shamayim, finalized his divorce, Lenny (the "louse") began to spread horrible rumors about the "real" reason he got divorced. While a few members knew the truth, many believed Lenny's story because it sounded plausible. When the news got to the Board of Trustees, they fired Rabbi Silverstein for "behavior unbecoming of a Rabbi". Now that he has suffered tremendous embarrassment and lost his job, Rabbi Silverstein went to the Yorkville Beis Din demanding that Lenny (the "louse") pay him damages. Does the Beis Din have the power to force Lenny to pay a monetary settlement to Rabbi Silverstein for the loss he has incurred?

Mrs. Annie Silver was raped by Josh Feldman, the repairman,in her home after he had repaired the refrigerator. Josh took advantage of the fact that they were alone (Annie's husband was at work) and the house was locked. Annie was too traumatized to discuss this with the police, so her husband brought over Rabbi Cohen who listened to her story. As Josh Feldman was a respected man in the community, Rabbi Cohen brought in two other Rabbis from the Yorkville Beis Din to listen to Annie's testimony (as well as the testimony from Mr. Rosenstark who saw Josh enter and exit the home rather rushed). The three Rabbis felt that there was merit to Annie's story, but agreed that there was no real proof or witnesses to back the story. What options are available to the Beis Din now.

1. There are no options available since there is only circumstantial evidence.
2. The Beis Din can move forward with the case against Josh, even with the insufficient evidence.
3. The Beis Din can contact the police directly and allow them and the secular courts to punish Josh according to the secular laws.

Joel and Martin Solomon could not handle the government restrictions in their hometown of New York, and so they decided to fulfill their lifelong dream and make Aliyah to Israel, moving to Ramat Trump, a religious and English-speaking community in the Golan. While Joel and Martin were just as Zionist as their neighbors, not one member of the community appreciated the fact that Joel and Martin were living an openly gay lifestyle as husband and husband. The leaders of the community brought their case to the Ramat Trump Beis Din (the only beis din in the small community, with three judges at the helm who only feared Hashem and not the Israeli Supreme Court or the PC movement) to have the judges take care of this abomination. Does this Beis Din have any power to do anything?

1. No. Since the judges don't have real semicha, they are powerless to do anything.
2. Yes. They can force all local shuls and businesses to ostracize the two men until they leave the community. 
3. Yes. They can inflict lashes on the men until they leave or change their ways.

Levy and Yocheved tried to go out for a meal while vacationing in Fallsdale, but couldn't find any restaurants - except for Moishe's Pizza, a fruit bar and a Shabbos take-out store. While Yocheved was disappointed, Levy saw this as an excellent business opportunity, and within a few months had opened "Levy's Burgers". But rather than use the Fallsdale Vaad HaKashrus, headed by Rabbi Margulies, Levy had the restaurant certified by the respected Yorkville Vaad - from his hometown. While Rabbi Margulies recognized the Yorkville Vaad as being very reliable, he felt that bringing in another Rabbi to give a hechsher would ultimately result in other non-reliable Rabbis to be brought in to give a hechsher. Which is a valid option for Rabbi Margulies and the Vaad Hakashrus?

1. They must accept the hechsher from the Yorkville Vaad, and only when a non-reliable Rabbi attempts to give a hechsher to a local food establishment can they take action.
2. They can put the burger shop in cherem and forbid all the members of the community to eat there.
3. They can sue Levy in Beis Din for the money they lost because the burger shop is using a different hechsher.

Rabbi Cohen and Rabbi Toledano were present in the Beis Din to hear Mr. Goldberg's monetary case against Lenny (the "louse"), but Rabbi Sheinfeld was absent. After waiting a few minutes, Dovid, the court secretary came in to announce that Rabbi Sheinfeld would not be able to attend. Mr. Goldberg and Lenny were anxious to have the hearing right then and there, and there was no one else available to stand in - except for the secretary Dovid, who had studied Choshen Mishpat but never received semicha. Can he be the third judge?

1. No.
2. Yes, but both litigants must agree.
3. Yes, even if the litigants don't agree.

"Levy, the stock went down, and is now at the price you wanted to buy it, at $3/share. Should I buy one million shares for you?" Levy looked up at Jonathan, thought for a moment, and then gave a thumbs-up. But at the end of the trading day when it came time to close the finances on the deal, the stock had fallen to $1/share, and Levy was balking at transferring the $3 million to cover the trade. Both Levy and Jonathan ended up in the Yorkville Beis Din, and while both parties agreed to the series of events that occurred, Levy claimed that a "thumbs up" sign was not a halachically binding sign, as it was not mentioned in the gemora, whereas Jonathan said that in the trading world - or at least in his office since he arrived there many years ago - a "thumbs up" meant that the other party agreed to the trade. How will the Beis Din rule?

1. With Levy - the "thumbs up" is non-binding.
2. With Jonathan - the "thumbs up" is binding.

Mr. Goldberg had a financial claim against Lenny (the "louse"), but neither of them wanted to take a day off work to meet at the Yorkville Beis Din. Can Rabbi Cohen, the Rabbi of Congregation Shaarei Shamayim, hear their case after morning services and give a binding judgement?

1. No. Only a Beis Din of three judges can hear a monetary case.
2. Yes, but only if both parties agree.
3. Yes, but only if both parties are members of Congregation Shaarei Shamayim.