Monetary and Civil Law (Dinei Mamonot)
Foundations
Dinei mamonot covers contracts, torts, property, and partnership. Begin with the principle kim li and the burden of proof: hamotzi me-chavero alav hara'ayah (the claimant must bring proof). Understand modeh b'miktzat (partial admission), hoda'at ba'al din (admission), and the role of shevuah in monetary disputes.
Torts and property
Know the four avot nezikin: shor (ox), bor (pit), maveh (fire), and adam ha-mazik (person). Distinguish nezikin from dinei kenasot. Study geneivah and gezelah, hasagat gevul (encroachment), and dina d'malchuta dina (the law of the land) where civil law intersects.
Contracts and partnership
Master kinyan modes: meshichah, hagbahah, chalifin (sirsu), and kinyan sudar. Understand shutfut (partnership), arvut (guarantee), and amirah l'gadol (instructions to an agent).
Traps
- Confusing the burden of proof in a claim of loan versus a claim of deposit.
- Treating admission (hoda'ah) as requiring witnesses when it does not.
- Applying dina d'malchuta dina to ritual matters where it does not apply.
- Misapplying the four avot to cases of indirect damage (grama).
Worked example
A claims B owes 200; B admits 100 and denies 100. B must pay the admitted 100 and take a shevuat modeh b'miktzat on the rest. If B denies everything, A must bring witnesses or B takes a shevuah only if A has a supporting document or partial evidence.