Rav Dovid Josilowsky Question: Typically, if one party has the money under dispute in his possession, he has the upper hand because of the rule of “hamotzi m’chavero alav haraya.” This means that the other party has to prove that…
Rav Dovid Josilowsky Question: The Gemara speaks about many cases where there is an obligation for one party to make a shavuah. How do contemporary batei din deal with that? Answer: Today’s batei din will never tell someone…
Rav Dovid Josilowsky Question: If a dayan has reason to suspect that one of the litigants is lying, what should do about it? Answer: The Gemara describes how dayanim would sometimes pasken according to “umdenah”, i.e., their own…
Rav Dovid Josilowsky Question: We know that bais din will sometimes recommend a pshara. Will they ever force a pshara? Answer: Yes. There are times when bais din does not really have any other choice other than to enforce a…