CM Questions

Mr. Goldberg lost in his monetary case against Lenny (the "louse") in the Yorkville Beis Din. When Mr. Goldberg went to Florida for the winter, he mentioned the case to Rabbi Goodman, and even showed him the transcript of the case and the final judgement. Rabbi Goodman looked over the papers and shook his head saying, "There are just so many mistakes in this ruling that it makes me want to cry!" Can Mr. Goldberg ask the Boca Beis Din to get involved and perhaps retry the case?

1. No.
2. Yes, and they can retry the case based on the transcripts and final written judgement.
3. Yes, but they must have both litigants appear before them.

Andy came home from work very frustrated. "The boss just got word from the main office that they are shutting down the company and will liquidate everything!" His wife Michelle was shocked, and suggested, "You've been working without pay for a month. That is nearly $5000 in salaries. You have the key to the office, so go back right now and take a few laptops or whatever is of value in the office and bring it back here! At least we'll have something in lieu of your wages!" Can Andy do this?

1. Yes, as long he does not take more than $5000 in equipment.
2. Yes, even if the equipment is worth more than $5000.
3. No, he may not take any equipment in lieu of salary.

The company Andy worked for shut down with almost no advance notice, and failed to pay Andy's last paycheck of $2500. Two months later the corporate liquidators came to Andy's home to request that he give back the laptop, laser printer and other various equipment - valued at almost $2500 - that the company gave him for use in his home. Can Andy keep the equipment?

1. No, even though he is owed the money, he may not keep the equipment.
2. Yes, he may keep the equipment.

Moshe Khodedadian awoke to find that his Lexus ES350 was gone! He called the police and they insisted that he come to the station to file a report. As his wife drove him there in her car, he could not believe his eyes: He saw his own car being driven in front of them. His wife followed the car, which pulled into a private garage on Susquehanna Ave, and the driver went into the apartment building. Can Moshe break into the garage right now and retrieve his car?

1. No. He must go to Beis Din first.
2. No. He must file a report with the police first.
3. Yes. He can take the law into his own hands and do what is necessary to retrieve his car.

Dovid Lipshitz was waiting on line to checkout in the Boca Kosher Marketplace when he felt something in his back pocket. He turned around to see a guy with a kipah on his head and Dovid's wallet in his hand! Can Dovid punch this fellow Jew or hit him with a stick?

1. No. He can only threaten him with words?
2. No. He can only sue him in Beis Din for the value of the wallet stolen.
3. Yes. He can defend his property with physical force.

Moe Shapiro took a small piece of cake at the Kiddush, to which Mr. Goldberg said, "Moe, at least take a BIG piece - you're paying for half of this Kiddush!" "What?" said a surprised Moe. "We agreed that I would have a small Kiddush for my mother's Yahrzeit upstairs and you would have this large Kiddush for your daughter's Aufruf here in the social hall!" Moe and Mr. Goldberg argued back and forth until finally Mrs. Shapiro and Mrs. Goldberg got involved and suggested that the men take their argument to Rabbi Cohen right now and get a judgement. Can they do this?

1. Yes.
2. Yes, but the discussions must be done outside of the synagogue.
3. No. Judges cannot render judgements on Shabbos.

Elky and Hertzl met with the secretary of the Yorkville Beis Din to schedule the date of the giving of the get. "Those dates don't work well for me," said Elky. "Friday the sixth would be much better." Can the Beis Din accommodate Elky's request for a session on Friday?

1. Yes, but only if they begin before chatzos.
2. Yes, but only if they begin before plah hamincha.
3. No.

Mr. Shapiro and Mr. Goldberg could not reach an agreement regarding payment for the Kiddush, and decided to take their case to the Yorkville Beis Din for adjudication. As they filled out the forms, both men asked the secretary if they could meet at night, as their schedules were very busy during the day. Can the Beis Din accommodate their night time request?

As Mr. Goldberg was about to sign the kesuva at the Brochstein/Berkowitz wedding, he noticed that the man standing next to him with a pen was none other than his mechutan, Harold Lipshitz (Harold's son Dovid had married Mr. Goldberg's daughter Esther). As the two signatures on a kesuva have to be from people who are not related, Mr. Goldberg exclaimed, "Wait, we're relatives! Can we both sign on a kesuva?" What is the ruling?

1. They are considered relatives, and so one of them will not be able to sign.
2. They are not considered relatives, so they can both sign.

Mr. Silverman had doubts about lending $1000 to Lenny (the "louse"), but Lenny got Rabbi Cohen to sign as a witness to the contract, so he felt more confident about it. That confidence didn't last long, as Lenny missed the payment date, and then denied taking the loan, claiming the contract was forged. Mr. Silverman had him summoned to the Yorkville Beis Din, which was headed by Rabbi Cohen. Can Rabbi Cohen be one of the three judges on the Beis Din that hears this case?

Years ago, Dovid Lipshitz did a favor for a friend and signed as a guarantor on a loan from Ephraim Lebowitz. Turned out that the friend never paid the loan back, and so Ephraim took Dovid to the Boca Beis Din to demand his money. When the judges entered the courtroom, the senior judge, Rabbi Weinberg, realized that Ephraim used to be a student in his class (shiur)  when he used to teach in Yeshiva! Can Dovid demand that Rabbi Weinberg step down from this case, claiming that he fears the Rabbi is biased and will show favoritism to the plaintiff Ephraim.

1. Yes. Since there is a legitimate fear that the Rabbi will be biased and show favoritism to his former student Ephraim, Dovid can demand that he step down and be replaced by someone else.
2. No. Dovid cannot demand that the Rabbi step down from the Beis Din. However, if Rabbi Weinberg feels that he cannot remain unbiased, he can use this as a reason to step down from this case.

Ephraim Lebowitz took Dovid Lipshitz to the Boca Beis Din, claiming that he had to repay a loan that he guaranteed years ago. When the judges walked in, Dovid discovered that the head judge, Rabbi Weinberg, was Ephraim's neighbor living in the same condo! Can Dovid demand that Rabbi Weinberg step down from judging this case, claiming that Rabbi Weinberg will show favoritism towards his neighbor?

1. Yes, this is a valid claim by Dovid, and Rabbi Weinberg will have to step off the Beis Din and be replaced by someone else.
2. No, this is not a valid claim, and Rabbi Weinberg can remain on the Beis Din.

During the bidding for Maftir Yonah, Harry Brochstein bid a staggering $18,000 and won - no one else was even close! But after Sukkos, the accountant noticed a payment of only $8000. Mel Hoffman, the Boca Shul President, casually mentioned this to Harry, who claimed that his final bid was only $8000! Can the Board of Trustees of The Boca Shul bring this matter to Rabbi Goodman, the Rabbi of the Shul, and force Harry to abide by the Rabbi's decision?