Israel Dayanut Exam cheat sheet
Israel Dayanut Exam · Keep the key ideas within reach.
Laws of Marriage and Divorce (Ishut)
Kiddushin requires kesef (money/object of value), shtar (document), or bi'ah (marital relations) with the woman's consent; kesef and shtar require two valid witnesses.
Erusin (betrothal) creates a binding marital bond; nissu'in (chuppah and/or yichud) completes the marriage and triggers the full set of marital obligations.
A get must be written lishmah (for the sake of this specific couple) by a qualified scribe, delivered directly from husband to wife, and witnessed by two valid witnesses.
A get given under duress (ones) is invalid; a get given willingly but motivated by rabbinic or court pressure may be valid (kefiyah ke-din).
Ketubah obligations: main sum (200 zuz for a virgin, 100 for a widow/divorcee), plus tosefet, nedunya, and conditions; it is a lien on the husband's property.
A man may not divorce a woman who has become mentally incapacitated (shoteh) in a way that prevents her from accepting the get; a get must reach her da'at.
Kiddushei ta'ut (betrothal based on a mistaken assumption) can void a marriage retroactively if the mistake was fundamental to consent.
A woman who remarries without a valid get is an eshet ish; her children from the second union may bear status consequences (mamzerut).
Yibbum and chalitzah apply when a man dies childless; chalitzah releases the yevamah and permits her to marry others.
Monetary and Civil Law (Dinei Mamonot)
Four primary tort categories (avot nezikin): shor (ox/goring), bor (pit), mav'eh (fire), and regel (trampling/consumption); each has distinct liability rules.
Adam ha-mazik (direct human damage) creates full liability for damage caused by one's own body or direct action.
Shomer chinam is liable for negligence (peshi'ah) only; shomer sakhar is liable for negligence and theft/loss; sho'el (borrower) is liable even for unavoidable accident (ones) in most cases.
Geneivat da'at (misleading or creating false impressions) is prohibited even when no monetary loss results; it is a form of theft of the mind.
A contract (shtar) must reflect a genuine meeting of minds (gemirut da'at); conditions must be double (tenai kaful) to be legally effective.
Partnership (shutafut) requires clear agreement on profit/loss division; a silent partner's share and liability follow the agreed terms, not presumed equality.
Ribbit (interest) is prohibited between Jews; heter iska is a contractual structure that recharacterizes a loan as a business investment to avoid ribbit.
Hazakah (presumption of ownership) protects established possession; the burden of proof falls on the one challenging the status quo.
Dina de-malkhuta dina (the law of the land is binding) applies to certain monetary and civil matters, subject to halachic boundaries.
Evidence and Judicial Procedure (Dinei Re'iyot, Edut, Seder HaDin)
Two valid witnesses (edim) are required for most monetary and status matters; a single witness may suffice for certain oath-triggering situations.
Witnesses must be kasher: adult, mentally competent, not a close relative of the litigant, not a rasha (wicked), and not personally interested in the outcome.
Edut cannot be based on hearsay (mipi shome'a) for monetary claims; direct testimony is required.
A judge (dayan) must not accept testimony outside the presence of the opposing party; ex parte evidence is inadmissible.
Seder ha-din: plaintiff (tove'a) presents first, then defendant (nitba); the burden of proof rests on the claimant.
A court of three judges (beit din) is required for monetary cases; cases involving status, capital matters, or certain disputes require larger panels.
Derara (strong circumstantial evidence) is generally not sufficient to extract money; it may create suspicion or justify an oath.
A defendant may be required to take a shevuah (oath) when the plaintiff has partial proof (modeh be-miktzat) or a single witness; refusal may result in liability.
Pesharah (compromise) is encouraged before litigation; a beit din may propose it, but a compromise must be accepted by both parties.
Issur ve-Heter and Kashrut
The Torah prohibits eating blood, forbidden fats (chelev), and the sciatic nerve (gid ha-nasheh); proper kashering and removal are required.
Terumah and ma'asrot apply to produce grown in the Land of Israel; shemittah (sabbatical year) produce has special restrictions.
Bittul (nullification) generally applies when a forbidden substance is mixed into a permitted one; the ratio depends on the type and whether the forbidden item is a davar ha-ma'amid.
Bitul be-shishim (nullification in sixty) is the standard for most forbidden foods mixed into permitted food; it does not apply to whole forbidden pieces (chatichah ha-re'uyah le-hitkabed).
Chadash (new grain) may not be eaten until the Omer offering is brought; this applies to the five species of grain.
Kosher slaughter (shechitah) requires a sharp, smooth knife, a single continuous motion, and cutting the trachea and esophagus; a broken or nicked knife invalidates the slaughter.
Kosher supervision (hashgachah) requires a reliable mashgiach, verification of ingredients, and separation of meat and dairy equipment.
Milk and meat may not be cooked or eaten together; separate utensils and waiting periods (minhag-dependent) are observed.
Insects and worms in food are prohibited; leafy vegetables require inspection or special growing conditions.
Shabbat and Festivals (Hilchot Shabbat, Yom Tov, Mo'adim)
Thirty-nine melachot (categories of creative work) are prohibited on Shabbat; derived acts (toladot) share the same status.
Muktzeh: objects set aside from Shabbat use may not be moved; categories include kli she-melachto le-issur and muktzeh machmat chisaron kis.
Havarah (kindling) and kibui (extinguishing) are prohibited; electricity use is generally treated as a rabbinic prohibition (or Torah-level in some views).
Pikuach nefesh (saving a life) overrides Shabbat prohibitions; even doubtful danger to life overrides.
Yom Tov permits ochel nefesh (food preparation) but not other melachot; carrying and kindling are permitted under conditions.
Eruv chatzerot and eruv techumin allow carrying and travel beyond Shabbat limits; they require proper construction and placement.
Sefirat ha-Omer counts 49 days from the second night of Pesach; omissions or errors may require restarting or continuing without a blessing.
Chol ha-Moed has intermediate restrictions; melachot permitted for Yom Tov needs are generally allowed, but not for ordinary work.
Tosefet Shabbat and tosefet Yom Tov extend the sanctity of the day before sunset and after nightfall.
Personal Status and Conversion (Giyur, Mamzerut, Agunah)
Giyur requires acceptance of mitzvot (kabbalat ol mitzvot), circumcision (milah) for males, and immersion (tevilah) in a valid mikveh before a beit din.
A convert's status is complete; the convert may not be reminded of their past status, and certain marriage restrictions (e.g., kohen) apply.
Mamzer is the offspring of a forbidden union punishable by karet (e.g., incest or adultery); the mamzer may marry only another mamzer or a convert.
A child born to a Jewish mother is Jewish; a child born to a non-Jewish mother is not Jewish without conversion.
Agunah: a woman whose husband disappeared or refuses a get; solutions include heter me'ah rabbanim (for the husband) and pressure on the husband to give a get.
A get given by a husband who is mentally incapacitated or coerced improperly may be invalid; a woman remains an agunah until a valid get is delivered.
Kiddushei ta'ut and get me'useh (coerced get) are distinct; a get may be coerced by a beit din when halachically justified.
A child born from a forbidden union may have status implications; a beit din may require investigation before permitting marriage.
A woman whose husband's death is unverified (e.g., no witnesses) may remain an agunah; edut (testimony) of death must meet halachic standards.
Niddah and Family Purity (Hilchot Niddah and Taharat HaMishpacha)
A niddah is a woman who has seen uterine blood; she remains tamei until she counts seven clean days and immerses in a mikveh.
The seven clean days (shivah neki'im) begin after the cessation of bleeding; they must be consecutive and free of any blood.
Bedikot (internal examinations) are performed on the first and seventh days of the clean days, and on the day of immersion.
Hefsek taharah (cessation check) is performed before the seven clean days begin; it confirms the bleeding has stopped.
A woman must wait five days (or four, depending on custom) from the onset of menstruation before beginning the clean days (harchakot).
Harchakot (separations) between husband and wife during niddah include no physical contact, no sharing of utensils, and no sleeping in the same bed.
Tevilah requires full immersion in a kosher mikveh with no chatzitzah (intervening substance) on the body or hair.
A woman who sees blood during the seven clean days must restart the count; a stain (ketem) may or may not render her tamei depending on size and circumstances.
A woman after childbirth (yoledet) has a period of tumah and then a period of taharah; the length depends on the child's sex.
Oaths, Vows, and Their Annulment (Shevuot, Nedarim, Hatarat Nedarim)
A shevuah (oath) is a binding obligation invoking God's name; a false oath is a serious transgression (shevuat shav or shevuat sheker).
A neder (vow) is a self-imposed prohibition on an object or action; it must be clearly articulated to be binding.
Hatarat nedarim (annulment of vows) requires a beit din of three, or a husband's hafarah (annulment) for his wife's vows.
Hafarat ba'al applies to vows that affect the husband or household; the husband may annul on the day he hears the vow.
A neder that is impossible to fulfill (neder shav) or based on a mistaken premise may be void (neder ta'ut).
Kol nidrei annuls certain vows made in error or under duress; it does not annul vows made knowingly and willingly.
A shevuah must be taken with intent and awareness; an oath taken under duress (ones) may be invalid.
A neder that prohibits benefit from a person or object may be annulled by a beit din if it causes undue hardship (pesach).
A father may annul his daughter's vows while she is a minor and in his household; a husband may annul his wife's vows.
Jewish Legal Reasoning and Responsa (Pilpul, Precedent, Application of Sources)
Pilpul is a method of Talmudic analysis that compares and contrasts sources to derive novel legal insights; it must remain grounded in the text.
The hierarchy of sources: Torah (de-oraita) > rabbinic enactments (de-rabbanan) > custom (minhag); later authorities may not contradict earlier ones without justification.
A responsum (teshuvah) must address the specific facts, cite relevant sources, and distinguish contrary precedents.
Precedent (ma'aseh rav) is binding when a beit din has ruled on a similar case; later courts may distinguish but not lightly overturn.
Safek (doubt) in de-oraita matters is resolved stringently; in de-rabbanan matters, leniently (safek de-rabbanan le-kula).
Rov (majority) and chazakah (presumption) are evidentiary principles used to resolve uncertainty in halachic reasoning.
A posek must consider the broader context, including minhag ha-makom (local custom) and the practical consequences of a ruling.
Teshuvot may be organized by topic or by questioner; responsa literature includes works such as those of the Rif, Rosh, and later authorities.
A ruling must be based on the primary sources (Talmud, Geonim, Rishonim) and may rely on Acharonim for clarification and application.