1) Download the following file: Test 2-1
2) Fill in your name and answers
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Be sure to include your name in the file name.
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Application section:
Answer 1 of 3. Ideally, add it to your first section and put it all in one file. Otherwise, follow the above directions again. https://docs.google.com/leaf?id=1S2OL2AlJkceCj7RNxhlqC9Cc8RSky6VkEOa1bUdLUWE
Application Question
Answer 1 of the 3 questions below based on your
understanding of the sugyot we learned. You may use any resources or materials
you choose. Please be sure to include whether and how any debate might effect
how you conclude as well as any factors that you think would play a role but
may not be included in the case.
Each of your answers should refer to at least 3 sources
in the גמרא, ראשונים or אחרונים.
1. Nati is judging a דיני ממונות case with
two other judges. While the two other judges paskin that Reuven owes Shimon one
million dollars, Ari concludes "איני
יודע". As is
required, the court adds on two other judges and the court ends up concluding
that Reuven does not owe Shimon 1 million dollars. After the trial, Shimon
appeals and brings to the attention of Nati that the Rav (Emes!) once concluded
in a similar case in favor of Shimon. Nati says that if he would have known
that the Rav had concluded this way, he would have certainly come to the
conclusion that Shimon was correct and would not have said איני יודע. What is the דין and why?
2. Explain whether the
contemporary cases below would be considered טעה בדבר משנה, טעה בשיקול הדעת or not a טעות at all.
If it is a מחלוקת, explain who would take what position.
(a) You paskin like the מנחת פנחס (a late 19th century אחרון) in a
case where the majority of אחרונים paskin against him.
(b) You paskin like the
position of the רמב"ן against the psak of the שולחן ערוך. (There
was no clear consensus on the topic in the ראשונים).
(c) You (a Rav in a
Modern Orthodox community) argue that one should say הלל on יום העצמאות (lets assume this has
monetary implications) based on your analysis of the גמ', ראשונים and שולחן ערוך. While there are many Rabbanim in the Modern Orthodox community
who agree with you, all of the poskim in the Chareidi community disagree.
3. (Especially for AP Gov
class but anyone can answer). What role can/should politics play in a judge
deciding when and how to judge a particular case? [For your sources, you may
use ones that were not part of the material for this test]
