| 1 |
מוחזק |
The one who is holding the money being argued about is called the מוחזק. He has the upper hand in Beis Din |
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| 2 |
המוציא מחבירו עליו הראיה |
Translation: The one who takes away from the one trying to take money away from the מוחזקis called the _מוציא_. He has the lower hand, and he needs to bring the proof (המוציא מחבירו עליו הראיה) |
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| 3 |
קנס |
A penalty that: a) has a set amount, b) is not meant to cover a financial loss. A קנסcannot be collected outside of Eretz Yisroel. |
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| 4 |
ממון |
Compensation for financial loss. |
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| 5 |
עבדינן שליחותייהו |
The judges in בבלact as the שלוחיםof the judges in Eretz Yisroel, and can rule even though there's no סמיכהin בבל. This is only used in cases of ממון(financial loss). |
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| 6 |
מועד |
An animal that damages by an act that is considered normal for this animal is called a מועד- forewarned. Since this is a unsual behavior for this animal, the owner is considered forewarned of the danger and he should have setup measures to prevent it. When a מועדcauses damage, the owner pays נזק שלם. |
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| 7 |
תם |
An animal that damages by an act that is considered unusual or abnormal for this animal is called a תם- simple. If a תםdamages, the owner pays חצי נזק. |
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| 8 |
עבד עברי נרצע |
עבד כנעניis a Jewish slave. He works for 6 years, then goes free. He can marry a שפחה כנעניתwhile he is a slave. If he wants to remain a slave, he gets his ear pierced and is a slave until יובל. This is called a נרצע- pierced. |
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| 9 |
פרט |
Grapes that fall and are left behind during the harvest. We must leave them for the poor. |
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| 10 |
עוללות |
Parts of the vine that are not producing quality grapes and must be left for the poor. |
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| 11 |
שכחא |
Fruits or grain that are forgotten during the harvest and must be left for the poor. |
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| 12 |
פאה |
A corner of the field which is designated for poor people to come and take. |
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| 13 |
שור ולא אדם,חמור ולא כלים |
The תורהteaches us: If someone digs a pit, ונפל שמה שור או חמור- and an ox or donkey fall there and die, he is חייבto pay for the damages. The חכמיםteach us that the word שורteaches us that he is only חייבto pay if an animal dies, but not if a person dies in the pit. And the word חמורteaches us that one is only חייבto pay if an animal dies, but not if a vessel is destroyed in the pit. |
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| 14 |
אונס רחמנא פטריה |
If a person damages or does an עבירהwhen it was totally out of his control (אונס), he is פטור. |
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| 15 |
פטור מדיני אדם וחייב בדיני שמים |
Translation: פטורfrom the judgements of man and חייבin the judgement of שמים. There are certain cases when the Beis Din will not make a person pay for damages, yet he is still חייבin the בית דינ של מעלה. |
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| 16 |
שטר |
A document that records a financial transaction. |
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| 17 |
קרן רבית |
In a שטרfor a loan, קרןrefers to the principal amount (the amount of money borrowed), and ריבית refers to the interest on the loan. תורהdoes not allow us to charge our fellow Yidden interest when lending them money. |
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| 18 |
משועבדים |
Properies owned by the borrower at the time of a loan, and then sold to someone else before the loan is paid back. These properties have a "lein" on them and may be taken by the lender as payment for the loan, if the borrower doesn't have money. |
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| 19 |
שטר מוקדם |
A predated שטר. If the שטרhas a date that is earlier than the date of the actual loan, the שטרis פסול. This is because of the risk that the lender may collect illegally from מועבדים. |
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| 20 |
הלכה ואין מורין כן |
This is the הלכה, but we don't publicize it. In certain situations, although the הלכהallows something, the Bais Din will advise not to do it, if asked. |
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| 21 |
כל הקודם זכה |
Whoever comes first can acquire it. As a קנסto someone who acts against the חכמיםand places something hazardous in רשות הרבים, the Bais Din makes the hazardous item הפקר, and anyone can come and take it. |
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