Will Bais Din Ever Force a Pshara?
We know that bais din will sometimes recommend a pshara . Will they ever force a pshara ?
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← ב"ד חלק ב' וערכאות
חלק ב
Arriving at a Settlement Agreement
כללי התפשרות
Begins March 12, 2028 · provisional
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Business Halacha Daily
What Should a Dayan Do if He Suspects One Party is Lying?
If a dayan has reason to suspect that one of the litigants is lying, what should do about it?
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What Does a Contemporary Bais Din do When Someone is Obligated to Make a Shavuah?
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?
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Can a Bais Din’s Peshara Take Away The Power of “Hamotzi M’Chavero Alav Haraya”?
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 it deserves to be rewarded the money, and if they can’t do this, the party holding the money gets to keep it. If the sides grant bais din the right to rule according to pshara , does the one holding the money lose this advantage?
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