As a neophyte judge with only days experience on the bench, Duncan Forsythe had what looked like a simple case before him. The complaint involved a property appraiser who claimed he hadn't been paid for his work.
There was one twist to the matter: The appraiser had crafted a bogus assessment to shortchange the seller and split the savings with a buyer.
Forsythe said he thought that fact provided the judge with a way out of the mess, since illegal contracts aren't enforceable.
But as he reviewed the case with colleagues and more seasoned experts, Forsythe found that justice isn't so simple in the court of Talmudic law, which he has just started studying.
Forsythe is not a rabbi or a lawyer. The Northbrook accountant is one of about 40 people taking a six-week introductory course on Jewish law at Lubavitch Chabad of Northbrook. The course is a new offering of the Jewish Learning Institute.
"You Be the Judge" gives ordinary people an interactive experience in the ancient system of Jewish law. While the subject is a complicated body of knowledge that occupies practitioners and scholars for entire lifetimes, it is at the heart of the Jewish approach to ethics, said Rabbi Meir Moscowitz, who conducts the classes in Northbrook.
The "Beit Din" or court system of Jewish law, was the law of the land in ancient Israel. It's reach is more limited these days, but it still plays an important role, especially in Orthodox communities around the world, where people use it as a kind of binding arbitration in disputes.
Moscowitz said Talmudic laws hold important lesson for those who may never have to use it to argue a case in a real court.
The goal is to impart to students "an appreciation, an understanding of the general outlook of Jewish law and how it relates to practical application."
Moscowitz noted "the logic and the way of thinking which Jews have been studying for 3,000 years" can be applied every day, "even in personal decisions when we ask ourselves, 'how do I act properly? What's the proper way of conduct in business?' "
There is no sound-byte explanation for what Talmudic law is all about, but Moscowitz said it comes from a belief in a source of truth that doesn't change when a government's form or officials do.
"We're dealing with a set of laws and a system that is not man-made. It's not solely utilitarian for our convenience. There's something greater here, so we're tapping into a system that's not something that was just created for now, for us in this time and this place, but something that was working for many places and many times," Moscowitz said.
Each week, Forsythe and other students take a first crack at a case.
Then they try it again, after they've learned some of the principles and precedents that would guide Talmudic judges.
They also compare their decisions to those actual Talmudic courts have reached. The cases studied present real-life dilemmas, involving people trying to reclaim property lost during the Holocaust and entrepreneurs who push the boundary between opportunity and opportunism.
The contract with a crook was the class' first case. And Talmudic lawyers saw it differently than he had first guessed.
Although the appraiser's contract would not have held up in a secular court, in a Talmudic court, "it would be enforceable. Their reason is the concept of free will," Forsythe said.
"Under Jewish law, it's very important that you recognize people have free will and sometimes free will means they have the freedom to get themselves into bad arrangements and they sort of have to live with the consequences of those bad arrangements."
The bottom line: The victim can seek relief from the appraiser's fraudulent behavior, but he still must honor the contract made for the appraiser's service.
Forsythe said the course is a good way to delve a bit deeper into different areas of Judaism.
The Institute has "really gone through and laid it out in a very concise and organized way and in layman's terms how the principles and legal and spiritual aspects all come together," Forsythe said.
The courses run on the same schedule nationwide, so that someone traveling on business easily can drop in on a class in another city. Forsythe did just that in Dallas, while his hometown fellow students welcomed a student from Montreal.
The course has both Tuesday night and Wednesday morning sections and costs $100 per student, or $180 for couples.
Vicke Block of Lincolnshire said like Forsythe, she was surprised to see that under Talmudic law, the appraiser's contract stood. She said she also finds fascinating Talmudic law's understanding of property ownership. Block, who has a background in teaching and sales, said in the Talmudic legal system, ownership is something more than just having physical control over an object.
"One of the concepts that was brought out in the first class was that ownership is pre-destined. It's a possession that's meant to be."
The current course ends Dec. 13. For information on upcoming courses, visit www.ChabadNorthbrook.com or call (847)-564-8770.