CM Questions

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. Since they had no golf cart insurance, they brought their case to the Lake Kiamesha Beis Din. The Beis Din discovered that there was one - and only one - witness to the accident: Rabbi Juravel.  According to Torah law, one witness is not full evidence, and only two witnesses can be counted as full evidence. Can the Beis Din accept Rabbi Juravel's testimony as full evidence and decide the case based on his testimony Only?

1. Yes, but both sides must agree, and they must make a kinyon with the Beis Din that they are accepting testimony from this one Jew as if he were two kosher witnesses.
2. No. Even if they make a kinyon, only testimony from two kosher witnesses can be used by the Beis Din to fully decide a case.

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. Since they had no golf cart insurance, they brought their case to the Lake Kiamesha Beis Din. The Beis Din discovered that there was one - and only one - witness to the accident: Mr. Goldberg's non-religious brother, Saul. Can the Beis Din accept Saul Goldberg's testimony as full evidence and decide the case based on his testimony Only?

1. Yes, but both sides must agree, and they must make a kinyon with the Beis Din that they are accepting testimony from this one non-religious Jew as if he were two kosher "religious" witnesses.
2. No. Even if they make a kinyon, only testimony from two kosher witnesses can be used by the Beis Din to fully decide a case.

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. Since they had no golf cart insurance, they brought their case to the Lake Kiamesha Beis Din. The Beis Din discovered that there was one - and only one - witness to the accident: Rebbetzin Juravel. Can the Beis Din accept her testimony as full evidence and decide the case based on her testimony Only?

1. Yes, but both sides must agree, and they must make a kinyon with the Beis Din that they are accepting testimony from this one female Jew as if she were two kosher (male) witnesses.
2. No. Even if they make a kinyon, only testimony from two kosher "male" witnesses can be used by the Beis Din to fully decide a case.

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. Since they had no golf cart insurance, they brought their case to the Lake Kiamesha Beis Din. The Beis Din discovered that there was one - and only one - witness to the accident: Herman Pingel, the gentile groundskeeper. Can the Beis Din accept his testimony as full evidence and decide the case based on his testimony Only?

1. Yes, but both sides must agree, and they must make a kinyon with the Beis Din that they are accepting testimony from this one gentile as if he were two kosher (Jewish) witnesses.
2. No. Even if they make a kinyon, only testimony from two kosher "Jewish" witnesses can be used by the Beis Din to fully decide a case.

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. They wanted to bring their case to the Lake Kiamesha Beis Din, but the next available date for a hearing was after the summer season! Rabbi Juravel, the Rabbi of the Bungalow, was also not available. Moshe Cohen's brother Roy was there for the week, and while he was currently an irreligious Jew, he had studied Jewish law when he was younger and said he was capable of judging the case according to Jewish law. If both sides agree to having Roy as the judge and they make a kinyon attesting to this fact, can either side later contest the decision in a proper Beis Din?

1. Yes. Since Roy Cohen is an irreligious Jew, making a kinyon to have him act as a judge is irrelevant, and either side can contest the decision in the future.
2. No. Because they made a kinyon, both sides agree that Roy Cohen is acting as if he were a proper Beis Din of three religious Jews, and therefore the decison cannot be contested on these grounds.

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. They wanted to bring their case to the Lake Kiamesha Beis Din, but the next available date for a hearing was after the summer season! Rabbi Juravel, the Rabbi of the Bungalow, was also not available. But they found that the Kiamesha Lake Village Court had an available slot the next day, and Justice Frank McGuire, a well-respected (gentile) judge would preside over their case. If both sides agree to having Justice McGuire judge their case and they make a kinyon attesting to this fact, are they permitted to bring their case in front of him?

1. Yes. Since they both agree to have their case heard by this well-respected (gentile) judge, they are permitted to have him judge the case.
2. No. They are not permitted to bring their case in front of a gentile judge.

Shlomo Kagan rented a commercial pressure washer to clean all the surfaces in his backyard. But just as he started up the motor, his neighbor Mr. Gross saw the machine and asked if he could borrow it for a few minutes. Shlomo decided to allow him to use it, but as soon as the machine was on the other side of the wall, Mr. Gross's son had a fit, and destroyed the machine! Shlomo took the broken machine back to office and was charged $1000 for the machine plus another $100 for the daily rental. When Mr. Gross refused to pay him back the $1000+$100, they both agreed to have Rabbi Rubin judge their case. After hearing both sides, Rabbi Rubin sent his ruling via email that "Mr. Gross must pay $1000 to Mr. Kagan." Mr. Gross paid the $1000, but Mr. Kagan said, "What about the $100 rental fee?!" How can they determine if Mr. Gross must pay the $100 rental fee?

1. They can ask Rabbi Rubin to clarify if his judgment was only for $1000, or if it was also supposed to include another $100 for the rental fee.
2. They cannot ask Rabbi Rubin, and instead must find another Rabbi or Beis Din to settle the dispute over the $100.

Arnold Sunenshine owed Mel Hoffman money, but they disagreed as to the amount. Please select, in the time of the gemora, All the possible scenarios in which Arnold would have to take the biblical "Modeh b'mikzas" oath, attesting to the fact that he doesn't owe more money?

1. Mel makes his claim in the Boca Beis Din that Arnold owes him $1000, after which Arnold replies that he only owes $500.
2. Arnold admits to the Boca Beis Din that he owed Mel $500, after which Mel interjects that he owes $1000.
3. All of the above.

Aventura Adventures (AA) took Boca Bivouacs (BB) to the Boca Beis Din for $1,000,000 over a transaction that happened one month ago. While BB admitted that it did owe $1 Million , it also claimed that AA owed it $1 Million  from a transaction that happened a year ago, and therefore there is no money owed to it. The judges demand to see proof of this, but BB said that they would need 90 days to produce this proof. Before the judges could say anything, AA objected, stating that halacha only grants BB 30 days to provide proof. Since they can’t provide proof within this time frame, the judges should rule in their favor now, obligating BB to pay AA immediately. Then if and when BB obtains their proof, they can file another claim in Beis Din to demand their $1 Million they are owed. BB objected to this, stating this will cause their company irreparable damage: When people hear BB lost in Beis Din for such a large amount of money, they will assume that BB is going bankrupt and will be hesitant to do business with them. What should the Beis Din do regarding this 30 day rule?

1. The Beis Din will award $1 Million to AA now, and if BB gets their proof, they can open a new case for $1 Million. The Beis Din does not need to wait more than 30 days before reaching their judgment.
2. The Beis Din can waive the 30 day rule, and must do so in a case where a party faces very large losses and/or bankruptcy due to this rule. Therefore, all parties will have to wait 90 days for the proof to be brought.

Moishe was visiting his parents during Summer Bein Hazmanim, and as it was very hot Jasper, IN, that day, he went to the local Circle A to get a cold drink. “Wow! Black Cherry Lemonade Snapple!” he thought to himself, as the stores near his yeshiva in Detroit never carried this flavor. He soon discovered why after he purchased it: It did not have a hechsher on it because it contained grape juice. Because he had already opened it, he couldn’t return it, so he contacted Rabbi Shapiro to ask him if he could drink it b’dieved. “It has grape juice and no hechsher. It isn’t kosher. Throw it away!” said the Rabbi. Moishe complied with his Rabbi’s instructions, but felt bad about the waste of money, as he was poor. He then spent some time researching this particular flavor of Snapple and determined that the amount of grape juice was actually miniscule compared to the rest of the ingredients. "Poor" Moishe called Rabbi Shapiro again with this new information, and the Rabbi changed his mind. He told Moishe that lechatchila he is not allowed to buy this drink, but since he had already bought it and could not return it, he would have been permitted to drink it b’dieved. As Poor Moishe had already followed his Rabbi’s instructions and disposed of the bottle of Snapple that he could have drunken, is Rabbi Shapiro now obligated to compensate him?

1. No. Rabbi Shapiro does not need to pay poor Moishe anything.
2. No. However, it would be proper for Rabbi Shapiro to go beyond the letter of the law and reimburse Poor Moishe.
3. Yes. Rabbi Shapiro must reimburse Poor Moishe for the Snapple.

After Mr. Goldberg lost his case against Lenny (the “Louse”) in the Yorkville Beis Din, he showed the verdict to Rabbi Goodman in Boca. Rabbi Goodman was shocked at the number of mistakes the Beis Din made. Rabbi Goodman called the Yorkville Beis Din and shared with them his thoughts. The judges on the Beis Din thought about it and admitted their mistake. The Beis Din called Lenny (the “Louse”) and told him to return the funds that Mr. Goldberg had given him. “Nothing doing! I just spoke with Rabbi Cohen, and he told me that there is an opinion that says I can keep the money!”

Mr. Goldberg then demanded that the Yorkville Beis Din compensate him for the money he just lost due to their error, but they responded, “While we apologize for the mistake, you cannot claim anything against us because of the arbitration agreement you signed when you opened the case. This agreement states that you will abide by our ruling "ben ledin, ben letaut" (whether we judge properly or mistakenly).” Mr. Goldberg was livid, as he had no idea that this “sneaky” clause was in the arbitration agreement. He decided to sue the entire Yorkville Beis Din in the Brooklyn Gardens Beis Din for his money, claiming they knew they judged his case incorrectly, and that he did not know about the clause when he signed the agreement. How will the BGBD rule?

1. They will rule that the Yorkville Beis Din must pay Mr. Goldberg due to their mistake.
2. They will rule that Mr. Goldberg cannot collect since he willingly signed the arbitration agreement with this "ben ledin, ben letaut" clause.

When Mr. Goldberg entered the hearing room of the Yorkville Beis Din, he saw that one of the judges on the Beis Din was Rabbi Levy Yitzchak Rosenbaum. Mr. Goldberg had read all about Rabbi Rosenbaum in the JC, and how he had ruled incorrectly three times just within the past year. As such, Mr. Goldberg did not want him on this Beis Din in his important case against Lenny (the "Louse"). Can Mr. Goldberg force Rabbi Rosenbaum off the Beis Din and have him replaced by some other judge?

According to the P.T., when there is a disagreement between the Shach and the Sma, which opinion do we follow?

1. The Shac"h
2. The Sm"a

Mr. Goldberg was very upset that he lost his case in the Yorkville Beis Din against Lenny (the "Louse"), and when he came to Boca for the winter he discussed it with Rabbi Goodman, who immediately saw that all three judges made a mistake in their judgment, as they seemed to misunderstand what the S.A. ruled in a case such as Mr. Goldberg's! If Mr. Goldberg already accepted these three judges, and if the three judges from the Yorkville Beis Din were known throughout the country as experts in their field, is there any recourse available to Mr. Goldberg?

1. No. Since the judges were accepted by both parties, and they are experts who all agreed to the same judgment, there is nothing that Mr. Goldberg can do.
2. Yes. Since the judges made a clear mistake, ruling in a way that showed they did not follow the S.A., Mr. Goldberg can demand that they rehear his case.

Mr. Goldberg was very upset that he lost his case in the Yorkville Beis Din against Lenny (the "Louse"), and when he came to Boca for the winter he discussed it with Rabbi Goodman, who immediately saw that all three judges made a mistake in their judgment, as they seemed to misunderstand what the S.A. ruled in a case such as Mr. Goldberg's! Mr. Goldberg contacted the Beis Din, and while they agreed that they made a mistake, Lenny (the "Louse") had already skipped town with the money that Mr. Goldberg had given him as per the ruling of the Beis Din. Can Mr. Goldberg sue the Yorkville Beis Din and demand that they compensate him for the money he lost due to their obviously incorrect ruling?

Rabbi Goodman retired from The Boca Shul and made Aliyah to the Holy Land. The Rabbi Selection Committee brought in Rabbi Moskowitz to replace him, and one of the first things he did was permit everyone to rely on The Boca Eruv - something Rabbi Goodman had forbade (except in rare cases). Harry Brochstein had been following Rabbi Goodman's ruling for the past 25 years and did not carry in The Boca Eruv, but since his new Rabbi permitted carrying, can Harry now carry on Shabbos within the eruv?

Reuven and Levy were driving their golf carts at the Kiamesha Village Bungalow Colony, when they both crashed into each other. While neither party was injured, there was damage to both carts, and each one blamed the other for the damage. They wanted to bring their case to the Lake Kiamesha Beis Din, but the next available date for a hearing was after the summer season! Levy then convinced Reuven to go to the Woodbourne Beis Din, where they would get a quick hearing. They both signed an arbitration agreement, and after the hearing, the judges decided in Levy's favor. Reuven was very upset, and after a little research, he discovered that while the judges in this Beis Din were learned men, none of them had any type of semicha! "This Beis Din is invalid! This decision is invalid!” claimed Reuven to Levy, “None of the judges have semicha, so I am not paying!” Levy took out the arbitration agreement and showed Reuven two clauses: 1) Both sides agree to accept the decision of this Beis Din – bein ledin, bein letaut” and 2) A Kinyon was performed. Eventually the case went before the Lake Kiamesha Beis Din, where both Levy and Reuven admitted that they never actually made the Kinyon. Will the new Beis Din review the case?

Levy didn’t have time to go out for lunch, so he ordered a corned beef on rye from Mr. Broad Street, but after it arrived, his coworker Yoely saw the sandwich in the “Mr. Broad Street” wrapper, yelled out “OY VA VOY! TREIF!” took the sandwich, and threw it into the trash. Before Levy had a chance to retrieve it, Anna the cleaning lady emptied the bin and dumped it down the garbage chute! “But the sandwich was Kosher!” demanded Levy. “No. The restaurant changed hechsherim, and the Rebbe doesn’t hold of this new hechsher!” said Yoely. As Levy did hold by this new – albeit non “chasidish” – hechsher, can Levy bring Yoely to Beis Din to demand repayment for the lost sandwich?

Levy didn’t have time to go out for lunch, so he ordered a corned beef on rye from Mr. Broad Street, but after it arrived, his coworker Yoely saw the sandwich in the “Mr. Broad Street” wrapper, and yelled out “OY VA VOY! TREIF!” “WHAT?” demanded Levy. “They lost their hechsher last week, so the sandwich is not kosher!” Levy threw out the sandwich and quickly ordered a Moroccan Lamb Burger from The Wall Street Grill. But as he was going home, he happened to pass by Mr. Broad Street and saw they proudly displayed a new kosher certificate in the window! Levy confronted Yoely the next day, and Yoely responded, “The Rebbe doesn’t hold of this new hechsher, and he considers anything made there to be treif!” However, Levy (and many other people) did hold of this new – albeit non “chasidish” – hechsher! Can Levy bring Yoely to Beis Din to demand repayment for the lost sandwich?

Vincent Messina, the non-Jewish manager of Richard Kagan's Madison View apartment complex, was drunk on the job. Because of that he failed to realize that the main boiler was flashing "Danger-Water Low", which caused it to explode, and caused at least $100,000 in damage. Where can Richard sue this gentile?

1. He can sue him in The Yorkville Civil Court or the Yorkville Beis Din.
2. Since Richard is Jewish, he only has an option to sue him in the Yorkville Beis Din.