CM Questions

What is a Beis Din "ZAVLA" (זבל"א)?

Lenny (the "Louse") had a financial claim against Mr. Goldberg, and while Mr. Goldberg wanted to go to the Yorkville Beis Din to settle this, Lenny (the "Louse") refused. Rabbi Cohen suggested to the two of them that they use ZAVLA, and Mr. Goldberg agreed and selected Dayan Chaim Toledano to be "his" judge. But then Lenny (the "louse") announced that he had selected Dayan Pinchas Toledano, the brother of Chaim! As two brothers cannot be on the same Beis Din, what must they do now?

1. Both Rabbis must step down, and both litigants must select new judges.
2. The Dayan selected by the plaintiff (Lenny (the "louse")) can remain, and the defendant must select a new Dayan.
3. The Dayan selected by the defendant (Mr. Goldberg) can remain, and the plaintiff must select a new Dayan.

Mr. Brochstein and Mr. Goldberg agreed to have their case adjudicated in front of the Boca Beis Din, but the first available court date was after Pesach when Mr. Goldberg would already be back in his home up north! Can the Beis Din allow the two litigants to submit their claims via email?

1. No. A Beis Din must be able to see the expressions on the faces of the litigants as they make their claims and responses.
2. Yes. If both parties agree, a Beis Din can accept claims via email.
3. Yes. A Beis Din can require both parties to submit their claims via email, even if one or both parties insist on a "live" hearing in front of the Beis Din.

As Mr. Gross was about to pull into his parking spot, his son Chaim Baruch threw a fit in the car, and Mr. Gross got distracted and crashed through the fence of his neighbor, Shlomo Kagan. Mr. Gross refused to pay for the damage he caused, so Mr. Kagan suggested that they go to the well-known and well-respected Beis Din in Jerusalem to settle the case. Mr. Gross refused, saying that there were plenty of competent Batei Dinim in their local city, and there was no need to travel to Jerusalem to go to this "famous" Beis Din. Can Mr. Kagan force Mr. Gross to go to the Beis Din in Jerusalem if the distance is about 21 miles (35km)?

Harry Brochstein rented an apartment next to his daughter in Jerusalem for a visit, but after returning to his home in Boca, Moshe Rosenthal, the owner of the apartment, claimed that Harry damaged the apartment during his stay. Harry vehemently denied the damage. Moshe insisted that they both meet at a particular Beis Din in Jerusalem, which was known around the world as being the most brilliant. However, Harry didn't want to travel to Jerusalem, and insisted that they go to the Boca Beis Din. Who has the upper hand?

1. Moshe Rosenberg, the complainant, can force the case to be heard in Jerusalem.
2. Harry Brochstein, the defendant, can force the case to be heard in Boca.

While Richard Kagan was visiting his brother Shlomo in Israel, he was introduced to Avishai Lewitan, who was looking for a partner in his next real estate project in Jerusalem. The two hit it off; Richard was in for 50% and then left for his home in the USA. But when Avishai saw too much money from the completed project leaving the partnership account and going to Richard's Israeli bank account, he accused Richard of stealing and threatened to sue him in Beis Din. "So come to the USA and we can meet in front of the Yorkville Beis Din" said Richard to Avishai. But Avishai knew that the Beis Din in Jerusalem was far superior, and insisted that they meet in Jerusalem. Who has the upper hand?

1. Richard Kagan, the defendant, can force Avishai Lewitan to come to the Beis Din in the USA.
2. Avishai Lewitan, the plaintiff, can force Richard Kagan to come to the superior Beis Din in Jerusalem.

Shmuel Kagan wired money from his bank in the USA to the bank account of his adult son Shlomo in Israel as a loan to be paid back in six months. But when it came time to pay back the loan, Shlomo began ghosting his father and ignored the requests for payment. Mr. Kagan eventually felt compelled to serve his son with an order to appear in the Yorkville Beis Din in the USA, but when Shlomo received the summons, he insisted that instead they appear in front of a Beis Din in Israel. Who has the upper hand?

1. Mr. Kagan, the plaintiff, can insist that his son return to the USA and appear in front of the Yorkville Beis Din.
2. Shlomo, the defendant, can insist that his father come to Israel and appear in front of a Beis Din there.

Shlomo Kagan, who lived in Beit Shemesh, borrowed a large sum of money from his father-in-law Mordechai in Netanya. However, when it came time to pay it back, Shlomo began ghosting him and ignored the requests for payment. Mordechai eventually felt compelled to serve his son-in-law with an order to appear in the Netanya Beis Din, but Shlomo insisted that they appear in front of a Beis Din in Beit Shemesh. Who has the upper hand?

1. Mordechai, the plaintiff, can insist that his son-in-law come to Netanya and appear in front of the Beis Din there.
2. Shlomo, the defendant, can insist that his father-in-law leave Netanya and appear in front of a local Beit Shemesh Beis Din.