CM Questions

Rabbi Cohen was sitting on the Yorkville Beis Din hearing a case in which Levi claimed he lent his coworker Jonathan $30 and was never repaid. Jonathan admited he borrowed the money but insisted he already paid Levi back.

Why is it important for Rabbi Cohen to investigate the details of how and when Jonathan claims he repaid the loan, rather than simply accepting Jonathan’s statement that he paid?

1. Because if Beis Din accepted claims without investigating the details, its rulings would lack credibility and people would not trust the court’s decisions.
2. Because Beis Din must determine whether the repayment was halachically valid, which depends on the specific circumstances of how the money was returned.
3. Because Beis Din is required to question every borrower extensively, even when the lender agrees the loan was repaid.
4. Because Beis Din must always delay cases to give both parties more time to think about their claims.

Rabbi Cohen was presiding over a case in the Yorkville Beis Din in which the halacha required Lenny (The "Louse”) to take an oath (shavua) to support his claim. However, Rabbi Cohen felt uncomfortable having Lenny swear using HaShem’s name, since he suspected Lenny might be lying and did not want HaShem’s name taken in vain. Should Rabbi Cohen still require him to take the oath as halacha stipulates?

1. Yes, regardless of whether it is a Torah oath or a Rabbinic oath.
2. Yes, but only if it is a Torah oath, not a Rabbinic one.
3. No, regardless of whether it is a Torah oath or a Rabbinic oath.

At a wedding in the luxurious Lakeville Country Club, Mr. Dwek loaned Mr. Khodedadian $100 in cash so he could tip the waiters and valets. A month later, when Mr. Dwek asked for the money back, Mr. Khodedadian claimed the loan had only been $50. With no witnesses, they brought the dispute before the Great Neck Beis Din.

Assuming this case took place in the era of the Shulchan Aruch, how would the Beis Din rule?

1. The money remains where it is, since there are no witnesses.
2. Mr. Khodedadian must pay $50 and take a Torah oath that he does not owe more.
3. Mr. Khodedadian must pay $50 and take a Rabbinical oath that he does not owe more.
4. Mr. Khodedadian must pay $50, and because he cannot swear, he must pay an additional amount (between one‑third and two‑thirds of the claim, as determined by the Beis Din).

At a wedding in the luxurious Lakeville Country Club, Mr. Dwek loaned Mr. Khodedadian $100 in cash so he could tip the waiters and valets, doing so without witnesses. A month later, Mr. Khodedadian gave Mr. Dwek $50, claiming that was all he owed. Dwek accepted the money, but then brought the dispute before the Great Neck Beis Din to collect the remaining $50.

Assuming this case took place in the era of the Shulchan Aruch, how would the Beis Din rule?

1. The money remains where it is, since there are no witnesses.
2. Mr. Khodedadian must take a Torah oath that he does not owe more.
3. Mr. Khodedadian must take a Rabbinic oath that he does not owe more.
4. Mr. Khodedadian must pay an additional amount (up to one‑third of the claim, as determined by the Beis Din) because he cannot swear.
5. Mr. Khodedadian must pay an additional amount (between one‑third and two‑thirds of the claim, as determined by the Beis Din) because he cannot swear.

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What was the procedural difference between administering a biblical oath versus a rabbinic oath in Beis Din?

1. A biblical oath required a Beis Din of three, while a rabbinic oath required only two witnesses.
2. A biblical oath required holding or touching a Sefer Torah, using Hashem’s actual name, wearing a kittel, and going barefoot, while a rabbinic oath was taken simply by verbally stating “I swear.”
3. A biblical oath required holding or touching a Sefer Torah, wearing a kittel, going barefoot, and using Hashem’s actual name; a rabbinic oath was identical except that instead of using Hashem’s name, the person merely stated “I swear.”
4. A biblical oath was administered only inside the Beis Din, while a rabbinic oath could be administered anywhere.

“Yo, Lenny. I got fifty bucks for you. Before your old man died, I borrowed a hundred from him and only paid back fifty. So here’s the other fifty,” said “Fingers” Stein to Lenny (the "louse"). 

Lenny’s scheming mind immediately kicked in. He figured “Fingers” had probably never paid the first fifty at all before his father died — and decided to demand the full hundred from him. “Fingers” was stunned when Lenny threatened to drag him before the Yorkville Beis Din.

If Lenny actually followed through, how would the Beis Din rule?

1. “Fingers” would have to pay Lenny the full $100
2. “Fingers” would have to pay Lenny $50 and take an oath
3. “Fingers” would have to pay Lenny $50 without an oath
4. “Fingers” would not have to pay Lenny anthing further, but would take an oath

“It’s been thirty days. Can you please give me back the $100 I loaned you at the wedding at the Lakeville Country Club?” asked Mr. Dwek. But Mr. Khodedadian denied ever receiving any money. So Mr. Dwek brought him before the Great Neck Beis Din, along with two kosher witnesses — Mr. Aminoff and Mr. Shehebar — who were also at the wedding.

However, when questioned by the judges, both witnesses testified that they only saw a $50 loan, not $100.

If this case were judged in the time of the Gemara, how would the Beis Din rule?

1. Mr. Khodedadian must pay the full $100
2. Mr. Khodedadian must pay $50 and take an oath denying the rest
3. Mr. Khodedadian must pay $50 and pay an additional amount in lieu of an oath
4. Mr. Khodedadian owes nothing

There are three situations in which the Torah obligates a person to take a shavua (oath). Please select them from the list below:

1. Shavuas Dayanim – an oath administered in cases of doubt or conflicting testimony.
2. Modeh B’Miksas – when a person admits to owing only part of the claimed amount.
3. Eid Echad – when a single witness supports the plaintiff’s claim, the defendant must swear to contradict that testimony.
4. Shavuas Heses – an oath imposed when a defendant issues a full denial of the claim.
5. Shavuas HaShomrim – when a guardian of someone else’s property must swear that he was not negligent in order to avoid liability.

It is unusual for a Beis Din nowadays to require someone to take an oath, since our generation is not as fearful of Heaven as in earlier times. However, there is still one type of oath that a Beis Din will administer today. Which one is it?

1. An accused thief must swear that he did not steal the item in question.
2. A husband must swear that he will not annul a get before it reaches his wife’s hands, when sending a get via a messenger.
3. A borrower must swear that he truly intended to repay a loan before the lender passed away.
4. A business partner must swear that he did not hide profits during the dissolution of a partnership.
5. A guardian must swear that he returned all entrusted items exactly as received.

Lloyd’s two chemists in Golders Green were smashing it, so he decided to open a third shop in Edgware. He brought in Peter Green, and the two Jewish men made an informal agreement: Lloyd would finance the project, Peter would manage the store and take a salary, Lloyd would hold all the funds, and at year’s end they would split the profits.

The year ended, and the new pharmacy did rather well, to be fair. Lloyd gave Peter 40%, but Peter protested: “We said 50/50!”

They brought their dispute to the London Beis Din. If the LBD were to rule exactly as the Shulchan Aruch, how would they rule?

1. Require Lloyd to take an oath that they agreed to a 60/40 split, which is why he is giving Peter only 40%.
2. Require Peter to take an oath that the profits were supposed to be split 50/50.

During the late‑night cleanup at Moishe’s Pizza on the Upper East Side, Moishe noticed that after his cashier Refael finished counting the register, he slipped a $50 bill into his pocket. Moishe didn’t say anything, but when he saw the same thing happen the next night, he confronted him:

“I saw you take at least a hundred bucks out of my register! I trusted you!”

Caught red‑handed, Refael admitted to taking the $50 in his pocket but denied stealing anything more. Moishe brought the case to the Yorkville Beis Din. If the Beis Din rules exactly according to the Shulchan Aruch, what would they decide?

1. Refael must take a Torah oath that he stole only $50 and does not owe anything beyond that.
2. Moishe may take a Torah oath that he saw Refael steal $100, and Beis Din will award him the full $100 since Refael is not believed as a thief.
3. Beis Din will obligate Refael to pay only $50 based on his admission, but no oath is administered because a thief is not eligible to swear.

During the late‑night cleanup at Moishe’s Pizza on the Upper East Side, Moishe noticed that after his cashier, Refael, finished counting the register, he slipped a $100 bill into his pocket. Moishe confronted him: “I saw you take a hundred bucks out of my register! I trusted you!”

Refael strongly denied taking any money. Moishe then spoke with his cleaner, Rachamim, who said that he did see Refael take $100 from the register and put it in his pocket.

Moishe brought the case to the Yorkville Beis Din. If the Beis Din rules strictly according to the Shulchan Aruch, what is the correct halachic ruling?

1. Refael must take a Torah oath that he did not steal $100.
2. Moishe may take a Torah oath that he saw Refael steal $100.
3. Beis Din will obligate Rachamim to swear that he saw Refael steal $100, but Refael will only have to pay $50 since there was only one witness.

At a wedding in the luxurious Lakeville Country Club, Mr. Dwek loaned Mr. Khodedadian $100 in cash so he could tip the waiters and valets. A month later, when Mr. Dwek asked for the money back, Mr. Khodedadian replied, “What loan? Why should I give you $100 when I never borrowed anything from you!”

With no witnesses present, they brought the dispute before the Great Neck Beis Din. If the Beis Din rules strictly according to the Shulchan Aruch, how much would they obligate Mr. Khodedadian to pay Mr. Dwek?

1. $100
2. $50
3. $33
4. $0

At a wedding in the luxurious Lakeville Country Club, Mr. Dwek placed a crisp $100 bill on his table to tip the waiters. Before he could give it, Mr. Shehebar called him over, and they became absorbed in conversation. From the corner of his eye, Mr. Dwek noticed Lenny (the "louse") lingering near his table — and when he returned, the $100 was gone. So was Lenny.

Later, Mr. Dwek caught up with him and accused him of stealing the money.

Lenny shrugged. “Maybe I did. But I stole from a lot of people tonight!”

“I’m talking about the crisp $100 bill from table 6!” said Mr. Dwek.

But Lenny had taken several crisp $100 bills that night and genuinely could not remember whether one of them came from table 6.

With no witnesses present, they brought the dispute before the Great Neck Beis Din. If the Beis Din rules strictly according to the Shulchan Aruch, how much must Lenny pay Mr. Dwek?

1. $100
2. $50
3. $33
4. $0