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Def offered to pay pl for his damages using an auto garage that he knows. Pl refused, based on the advice of his insurance agent, and had the damage professionally appraised, after which he took the car to an expensive garage. The cost was 15,000 shekels, including the appraisal. Def says that he could have had it fixed for 4,000 shekels, had pl agreed to his garage.
Ruling: The gemara (Bava Kama 85a) discusses the medical payments of one who caused bodily damage to another. The gemara says that if the damager says that he wants to heal the injured person himself, the latter can refuse. Likewise, he can refuse for the damager to bring someone to heal him for free. As the gemara explains, the (lack of) quality one gets when the healer is not paid is expected to show. Similarly, one cannot bring a doctor who lives in a distant place because he does not have the same level of accountability. However, the underlying concept that we see from the gemara is that if the means of remedying the situation are reasonable, the damager, who has to pay, has a say in choosing the means of remedying the situation.
Thus, to the extent that def is to pay, it is his right to try to negotiate as cheap as reasonable a price for fixing the car, on condition that is within accepted standards. By employing a professional appraiser, one has to add to the cost of the appraiser the fact that once he has set a price, there is no leverage to get a garage to do the work for cheaper. Therefore, since def agreed to pay for damages through his sources, pl should have gone through that process.
At this point, pl has two options. If he wants to receive payment from the insurance company, he is likely to receive the full amount set by the appraiser (which is why he originally used one), and he can proceed in that way. If he continues to sue def directly, then he is entitled only to the sum of a more reasonably priced professional job. Beit din has the authority given to it by those who sign the arbitration agreement to employ their own experience and reason. (This is the correct approach, as a further appraisal will just add to the price). They set the price at 9,060 shekels.
P'ninat Mishpat (829)
Various Rabbis
211 - Wrong Way Collision
212 - Wrong Way Collision
213 - Access to a Sold but Illegal Storage Area
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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: Agricultural Water Rights – part I
based on ruling 84122 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
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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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.
