General Rules of Adjudication

Testimony in Court

Testimony on Permissibility of an Item

Procedure for Presenting Testimony

Division of Disputed Property

Issues of Local Secular Law

Handling Capital Cases

Credibility of litigants and witnesses

Chazakah

An admission by one of the parties is equivalent to 100 Witnesses: Bava Metzia 3b

Admission by a party, against witnesses: Bava Metzia 3b

Relying on a majority opinion in a split decision: Sanhedrin 2a, 3b

Does the court read a party's mind [אומדנא umdana] in order to determine what he intended in his action: Ketuvot 55a-56a

By a Certain claim of debt vs. an Uncertain claim of debt: Ketuvot 12b, Bava Metzia 37b

By a Certain Claim vs. a Certain Claim: Bava Metzia 37b

If Witnesses claim that the Testimony of 2 dead Witnesses on a Bill was Invalid: Ketuvot 20a

By the Sale of Bar Shatya's property: Ketuvot 20a

In cases where a thief or the guardian of an object admit guilt, but don't know whom they owe: Bava Metzia 37a

For a guardian who held two charges, and confused the ownership of the 3 objects, and now both owners claim the more valuable object: Bava Metzia 37b

Rule of Maintaining money by its current owner vs. Fining a thief: Bava Metzia 37a

Differentiating between one who is sued, and one who comes on his own to do the right thing and pay restitution: Bava Metzia 37a

In Division of Disputed Property: Bava Metzia 2b-3a

Ability of a Judge to overturn this rule, in extenuating circumstances: Ketuvot 27b, Bava Metzia 39b

For the Victim to Claim that his damaged property was from his Best Class of Property: Bava Kama 6b

In dividing a "Found Object": Bava Metzia 6a

In claiming a First-Born kosher animal or the Redemption of a first-born donkey where they may not be the First-Born or they might be owned by a Kohen already: Nedarim 19a; Bava Metzia 6b; Bechorot 9a, 18a-b; Temurah 8a

In the Redemption of a first child where he may not be the First-Born: Nedarim 19a; Bava Metzia 6b

In claiming that an object which was taken for lost, was actually placed in its location for safekeeping: Bava Metzia 37b

Where relatives of a mother/son claim that the son/mother died before the mother/son, leaving property to them to inherit: Bava Metzia 37b

Source passages: Pesachim 12a; Rosh haShanah 26a; Sanhedrin 2a

In assuming the greatest possible contradiction in testimonies: Pesachim 12a

Following the majority in saving the defendant: Sanhedrin 2a; 3b

Attempting to exonerate a defendant in a capital case by bending over backward: Makkot 7a

Establishing intent to kill One type of person in a Group of Mixed Types: Ketuvot 15a

In cases of Saving Lives on Shabbat: Shabbat 129a

A major discussion of the sources and applications of קים ליה בדרבה מיניה: Ketuvot 30a-35b, 37a-

Where the penalties come from two different events that occurred simultaneously: Ketuvot 30b-31a

Could lashes be worse than the pain of death? Physical torture could have caused Chananiah, Mishael and Azaryah to bow to Nevuchadnezzar's statue, even though they didn't bow under threat of death in a furnace!: Ketuvot 33a-b

One who should receive capital punishment as well as lashes: Ketuvot 37a-b; Makkot 13b

One who is liable for restitution and lashes: Ketuvot 31b-34a, 37a-b

One who is liable for restitution and Divine execution [מיתה בידי שמים]: Ketuvot 30b-31a, 37a-b

One who is liable for restitution and Divine Ex-Communication [Kareit]: Pesachim 32a; Ketuvot 30a-b

One who is liable for payment of a fine and lashes: Ketuvot 29a-36a; Makkot 4b, 15a

Giving the man lashes plus a fine even though we normally give only the harsher of two penalties incurred in one act: Makkot 15a

One who is liable for payment of a fine and capital punishment: Ketuvot 29a-36b, 38a

One who is liable for payment of a fine and Divine Ex-Communication [Kareit]: Pesachim 32a; Ketuvot 29a-36a

One who commits a capital crime accidentally, and the act also incurred liability for payment: Ketuvot 34b-35a

One who commits a crime that warrants lashes accidentally, and the act also incurred liability for payment: Ketuvot 34b-35a

Cases
Paying for stealing and butchering an animal on Shabbat, or for idolatry: Ketuvot 33b-34b

Paying for butchering a stolen animal on Shabbat, if one borrowed it before Shabbat, as we have a rule that we only give the harsher of two penalties that a person has incurred: Ketuvot 34b

Paying for eating terumah accidentally when one is not a kohen, and the terumah stolen: Ketuvot 30b-31a

Paying for eating terumah accidentally when one is not a kohen, if it is chametz and it happens on Pesach: Pesachim 31b-32b

Paying for harm to property committed on Shabbat: Pesachim 29a; Megillah 7b; Ketuvot 30a-31a, 35a-b

Paying for harm to property committed on Yom Kippur: Pesachim 29a; Megillah 7b; Ketuvot 30a-b

Paying for harm to property committed in an act of killing someone, accidentally or intentionally: Ketuvot 35a

Paying for Trespass in Use of Holy Property: Pesachim 32b

Paying a fine, or receiving lashes, for lying and saying that one's wife was adulterous after kiddushin: Makkot 4b, 15a

Paying a fine, or receiving lashes or death, for incestuous rape: Ketuvot 29a-36a

Paying a fine, or receiving lashes or death, for incestuous seduction: Ketuvot 35b-36a

Paying a fine for raping or seducing a woman with whom a sexual relationship would be rabbinically prohibited: Ketuvot 35b-36a

A man who rapes a woman, and then kills her rather than marry her: Makkot 16a

A non-kohen who eats terumah intentionally while tearing someone else's clothing: Ketuvot 30b-31a

A non-kohen who eats stolen terumah intentionally: Ketuvot 30b-31a

A non-kohen who eats stolen forbidden fats intentionally: Ketuvot 30b-31a

Tearing someone's clothing in the course of throwing or transporting a sharp item through a public domain on Shabbat: Ketuvot 31a

Tearing someone's clothing in the course of striking them: Ketuvot 30b-31a, 35a-b

Stealing in removing an item from someone's home on Shabbat: Ketuvot 31a

Requiring payment for depreciation if a human being strikes another human being, even though the aggressor is also liable for violating the prohibition against wounding, which should have been punished with lashes, despite the rule that we only give the greater of two punishments for which one is liable: Ketuvot 32a-33b

Requiring edim zomimin to pay even though they also violated a prohibition which should have been punished with lashes, despite the rule that we only give the greater of two punishments for which one is liable: Ketuvot 32a-33a



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