CM Questions

Richard Kagan was in a bind. His former partner on the Lakeshore Towers project on Lake Tahoe was suing him for $1 million, and the case hinged on the testimony of their former accountant, Neil Silverman. Seeking to block Neil's testimony, Richard devised a scheme: "Neil, you're a single guy, and my daughter is looking for someone responsible to marry. I not only think the two of you will hit it off, but I am willing to put my money where my mouth is, and back the two of you financially." Neil initially declined, but he actually hit it off with Richard's daughter, and after creating a proper financial contract with his soon-to-be father-in-law, Neil married her. The hearing for the Lakeshore Towers in the LaBrea Beis Din took place a few days after the last Sheva Brochos, and Richard objected to Neil's testimony, claiming that as his son-in-law, Neil was now disqualified from serving as a witness against him. Will the Beis Din permit this testimony, for without it, there is no case against Richard?

1. Yes. Since Neil witnessed the events prior to becoming related, his testimony can be permitted, and Richard’s scheme can be circumvented.
2. No. Neil is now a disqualified witness due to the familial relationship, and the Beis Din must reject his testimony regardless of the motive behind the marriage.

By using some accounting tricks and a second set of books, Richard Kagan managed to extract more than his share from his partner on the Lakeshore Towers project on Lake Tahoe. But his accountant, and son-in-law, Neil Silverman, was on to him and notified his partner, who brought a suit against him in the LaBrea Beis Din. Richard's daughter was furious at her husband for "outing" her father, and demanded a divorce - which Neil was happy to give and extract himself from this family. The hearing was scheduled for a week after Neil gave the get to his ex-wife. Will the Beis Din now accept his testimony?

1. Yes. Since Neil is no longer related to Richard, his testimony can be accepted in the Beis Din.
2. No. Even though Neil is no longer related to Richard, he is still disqualified from testifying against his former father-in-law for any misdoings he witnessed while he was his son-in-law.

As Mr. Goldberg entered The Boca Shul (TBS) for Shacharis with a cast on his right arm, Rabbi Goodman asked with concern, “Mr. Goldberg, what happened to your arm?” Initially hesitant, Mr. Goldberg eventually disclosed that during a round of golf, Marty Krauser sliced the ball into the water on the 11th hole. Mr. Goldberg laughed and in a fit of frustration, Marty deliberately struck him with his club. However, when Rabbi Goodman confronted Marty about the incident, he adamantly denied any physical contact. With no witnesses present, does Rabbi Goodman have any recourse?

1. No. Without witnesses, it is just one word against the other.
2. Yes. The Rabbi can decide to believe Mr. Goldberg and deny Marty entry into TBS.

The next day, Mr. Goldberg approached Rabbi Goodman with some news: "I just learned that my brother and his son were on the course at the same time, and they actually saw Marty Krauser hit me with his golf club." Given this new information, can Rabbi Goodman force Marty to pay for damages to Mr. Goldberg for a broken arm and a ripped shirt?

Tom Goldberger thought that he was just going to be another guest at Mel Hoffman's fancy wedding at The Boca Gateways Hotel, but before the wedding, Mel pulled Tom aside and asked him to be a witness for the Kiddushin part of the wedding ceremony (when the ring is put on the bride's finger). "I don't know, Mel" said Tom, as he stroked his freshly shaven face. Tom was ostensibly religious, but he also shaved with a razor every day, and while he understood that this was forbidden, he still did it. How should Tom respond to this honor?

1. Since Tom otherwise keeps all the commandments, and no one knows that he shaves with a forbidden razor and not a permissible electric shaver, he can accept the honor and be a witness at the wedding.
2. Since Tom shaves with a forbidden razor, he would not be considered a kosher witness, and as such he should refuse the honor to be a witness.

Tom Goldberger thought that he was just going to be another guest at Mel Hoffman's fancy wedding at The Boca Gateways Hotel, but before the wedding, Mel pulled Tom aside and asked him to be a witness for the Kiddushin part of the wedding ceremony (when the ring is put on the bride's finger). "Wow. I am so honored!" said Tom, as he stroked his freshly shaven face. Tom was ostensibly religious, but he also shaved with a razor every day in the privacy of his own home. After the wedding, Tom did a little research and learned that a person who shaves with a razor is actually not considered a kosher witness. What should be done now?

1. Tom should inform Mel and/or a Rabbi about his status. Then the wedding - specifically placing the ring on the finger - should be repeated, but this time with two kosher witnesses.
2. While Tom should not have been a witness at this wedding, the kiddushin is still considered valid and no part of the wedding ceremony needs to be repeated.

Before Mel Hoffman's wedding ceremony began, Rabbi Goodman was informally shmoozing with Tom Goldberger, one of the witnesses. During the conversation, the Rabbi learned that Tom would normally get his hair cut at Mario's Barber shop - right next to the Grove Kosher Supermarket - and that while Mario would primarily use an electric razor and scissors, he would finish up with a single-blade razor to clean up Tom's beard. "You do know that using a razor to cut a beard is forbidden by the Torah?" asked Rabbi Goodman. "I know. But ALL the men from The Boca Shul go to Mario, and he only uses a blade to clean the edges!" replied Tom. Can Tom be a witness at Mel's wedding? Please match the posek (A.H. and P.T.) with the psak (Yes or No).

Before Mel Hoffman's wedding ceremony began, Rabbi Goodman was informally shmoozing with Tom Goldberger, one of the witnesses. During the conversation, the Rabbi learned that Tom's profession was to bill insurance companies in order to reimburse his Jewish clients for their medical needs. But as part of his "business plan", he would regularly bill these gentile-owned corporations for items that were not provided. In essence, he was stealing from gentiles! "But what's the problem, Rabbi? They are only goyim! I would never steal from a Jew, and I am even helping Jews by getting them more money!"  Can Tom be a witness at Mel's wedding according to the P.T.?

Yitzchak Tzvi Kagan was scheduled to get married around sunset. Rabbi Montrose and his best friend Avidan were ready to act as his witnesses and sign the kesuva. Of these two typical scenarios, which one is worse?

1. Before sunset and before the wedding began, Rabbi Montrose and Avidan signed on the kesuva, even though the actual marriage won't take place until the next day, after sunset, which is when the kesuva is dated.
2. After sunset and after the wedding finished, Rabbi Montrose and Avidan signed on the kesuva, which was dated before sunset, but due to a delay the wedding only took place after sunset. 

Mel Hoffman asked his friends Tom Goldberger and Arnold Sunenshine to be the witnesses at his fancy wedding at The Boca Gateways Hotel. Rabbi Goodman, as the mesader Kedushin, spoke with both men before the wedding and learned that Tom had recently borrowed money from Chaim Sachs (of "Sachs Jewelers" on Palmetto Park Road) with interest and without a heter iska. Not only that, but Arnold Sunenshine was the guarantor on this loan! The Rabbi made a quick call to Chaim, and received back an image of this illicit loan document with both signatures at the bottom. Can these men be witnesses at Mel's fancy wedding?

1. Yes. This sin is not a serious enough to invalidate either of these men as witnesses.
2. Tom (the borrower) cannot be a witness, but Arnold (the guarantor) can be a witness.
3. No. This sin is serious enough to invalidate both these men as witnesses.

Tom Goldberger urgently needed $100,000 to avoid foreclosure on his condo on Sawgrass Circle, Boca. He turned to Chaim Sachs (of "Sachs Jewelers"), who was eager to help a fellow Jew in distress. However, Chaim required the loan to be for 12 months at 10% annual interest, with two witnesses and one guarantor. Despite the absence of a heter iska, those involved felt compassion and wanted to assist. Based on the halachic implications of this interest-bearing loan, please identify which of the individuals listed below were prohibited from participating in the transaction.

1. Chaim (the lender)
2. The guarantor
3. The two witnesses

Rabbi Goodman was speaking with Tom Goldberger and Arnold Sunenshine, both potential witnesses for Mel Hoffman's elegant wedding, when he half-jokingly asked, “Neither of you steals, right?” Tom quickly replied, “No,” but Arnold challenged him: “Come on, Tom! Every time I see you at The Grove Kosher Market, you’re sampling fruit, sneaking chocolates from the display, or popping olives into your mouth—without ever asking Eddie the manager for permission!” Given this new information about Tom’s habitual behavior—which he did not deny—can he still serve as a valid witness at Mel’s wedding?

Eddie Cohen, manager of The Grove Kosher Market in Boca, hired three Jewish bakers to prepare all the breads, cookies, and cakes for the store’s new in-house bakery. However, whenever he would check up on his workers, he noticed they were constantly fressing—sampling mini blueberry pies, black and white cookies, and even the famous Grove Pretzel Rolls. Given that Eddie pays them a proper salary, does he have the halachic right to forbid them from eating any of the baked goods?

1. Yes. Eddie can forbid these men from eating.
2. No, but Eddie does have the right to restrict which baked goods can be eaten (e.g. damaged or imperfect products), or when the workers can eat (on break, but not while on the job).
3. No. Eddie is not permitted to put any restrictions on what these men consume during their work hours.

As Rabbi Goodman wrapped up his conversation with Tom Goldberger and Arnold Sunenshine—both potential witnesses for Mel Hoffman's elegant wedding—he remarked, “It seems you’re both fine, upstanding kosher witnesses.”

Arnold, staring at Tom, responded sarcastically, “So gambling doesn’t disqualify someone anymore?”

“What do you mean?” asked Tom.

“What do I mean? At least once a month you come over to me in the office and describe your latest adventures at the craps table at the Seminole Hard Rock! If that doesn’t make someone an unkosher witness, I don’t know what does.”

Given this new information—that Tom regularly gambles at the local casino by playing dice—can Rabbi Goodman still permit him to serve as a witness at Mel’s wedding?

Each morning, Isaac Dwek’s wife drove him to the train station—but not before stopping at Bagel Mentch, where he picked up a coffee and a pastry (sometimes a muffin, a black and white cookie, or even a giant rugelach). After being dropped off, Isaac would eat and drink as he walked to the platform, usually finishing before the train arrived. The A.H. describes public eating as a degrading habit that can disqualify someone from serving as a kosher witness. Given that Isaac regularly eats pastries and drinks coffee in public, does this behavior fall under that category, potentially rendering him a non-kosher witness?