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Ruling: The damage that one causes with his car falls under the category of a man who damages with his body, where the rule is that one is obligated even if he did so by accident and even if there were somewhat extenuating circumstances (Bava Kama 26a). Classical sources (see Rosh, Shut 101:5 and Shulchan Aruch, Choshen Mishpat 378:9) discuss one who was riding an animal which damages, and a car is fundamentally the same idea. (The category of the damage done by one’s animal, which has different rules than a person who damaged, applies when the animal moves around of its own volition).
Def is to be categorized as going somewhere ‘without permission’ or ‘in an unusual way.’ This case is governed by the halacha of Issi ben Yehuda (Bava Kama 32a, accepted by Shulchan Aruch, CM 378:8) that if one who was running in the public domain and one who was walking collide, the one who was running must pay because he was doing the abnormal thing. Despite def’s claim, the majority of the beit din concluded that pl’s backing out of the driveway was done normally. The fact that there was a collision does not prove that pl was negligent. In fact, def did not claim to have witnessed any negligence on pl’s part, just that he reasons that had pl been careful about pedestrians there would not have been a collision. Beit din reasons that once pl passed the sidewalk, where pedestrians walk, he is not expected to concentrate on the direction where cars are not allowed to drive. It also appears that def was travelling quickly in reverse.
Therefore, since pl drove normally and def drove abnormally, only def has to pay pl. It can be demonstrated (beyond our present scope- see Chavot Yair 207) that even if it the one who acted normally could have avoided the damage with more care, he is not obligated to pay the one who acted abnormally because it is considered as if the latter entered someone else’s property and was accidentally damaged by that property’s owner. In this case, we do not even need to use that logic, as there is no indication that pl should have been expected to avoid the accident.
[Next time we will deal with questions concerning payment for fixing the damage.]
P'ninat Mishpat (829)
Various Rabbis
209 - Expert Witnesses
210 - Wrong Way Collision
211 - Wrong Way Collision
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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: 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: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 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.
