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If the parked car had closed off the street in a manner that cars could not get by, people would have had the right to move the car even at the risk of damaging it (Shulchan Aruch, CM 412:2) based on the rule that one can take the law into his own hands. However, here it was possible to pass carefully.
First we must determine what category of damage was done. Was it damage that a person did himself because the driver held the steering wheel and pressed on the gas, or was it the damage of his property? In the similar case of one riding his horse and damaging, the Rosh (101:5) says it was considered damage done directly by the rider. Regarding such damage, the mishna (Bava Kama 26b) says that the damager is liable even if there were extenuating circumstances, but Tosafot says that this is only if the circumstances were somewhat under his control to prevent. If, though, he had the chance to avoid the damage only to the degree that one can prevent robbery, he is exempt. The Ramban, though, says that the damager is liable no matter the level of extenuating circumstances, and the reason the Yerushalmi says that he is exempt if the damaged put the object near the sleeping damager is that the damaged was at fault.
In our case, according to Tosafot, the damager should be liable because it was negligence not to slow down when he saw the road had narrowed. The question is, according to the Ramban, whether this case is equivalent to that of the objects placed next to the sleeping person. The mishna (Bava Kama 27a) says that when one puts a barrel in the public domain and it is damaged by someone who trips over it, he is exempt. The gemara asks that he should be obligated because he should have looked where he was walking and answers that is not normal for people to be so careful when walking on the path. The Ramban will have to explain that one who puts his barrel in a place where people are not careful about it is considered one who caused the damage to his own object. However, in our case, since one can easily see the parked car, the Ramban should agree that the driver is liable.
P'ninat Mishpat (829)
Various Rabbis
99 - The Proper Level of Shemira
100 - Damage to an Illegally Parked Car
101 - Laws of Shomrim Watchmen
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
