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Beit Midrash
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Ruling: The Shulchan Aruch (Choshen Mishpat 1:2) rules that nowadays, when we do not have dayanim with authentic semicha, beit din cannot make one who damaged another person bodily pay for depreciation of his value or for pain but can make him pay shevet and ripuy. Although the Rama (ad loc.) cites the Rosh’s opinion that he does not even have to pay shevet and ripuy, since both parties are Sephardi, they are to be held to the Shulchan Aruch’s opinion.
In general, one who directly causes damage to another is obligated to pay even if it happened by accident and even through an oness (Bava Kama 26a). We do accept Tosafot’s opinion that if it was a total oness, then he is exempt (Shulchan Aruch, CM 421:4). However, in this case, it turns out that Reuven had not slept enough the previous night, and halacha recognizes the responsibility of one who has a job that requires concentration to sleep sufficiently the night before (Yerushalmi, D’mai 7:3). Sometimes, one who was negligent but then an unexpected oness happened is not obligated, but in this case, it is not unexpected that someone who is tired will fall asleep at the wheel (the safety authorities warn about it often).
We find that within the laws of watchmen, if one who sleeps and then the object he was watching is lost, it is not considered an oness to exempt a paid watchmen (Shulchan Aruch, CM 303:2). It is the responsibility of such a watchman to stay awake. Certainly, it is the responsibility of a driver to stay awake! There is basis to distinguish between a case where someone went to sleep on purpose and a case like ours where Reuven dozed off accidentally (see Nimukei Yosef to Rif, Bava Metzia 53b). However, since Reuven did not take the necessary steps to avoid it, he should be obligated. Not only did he not sleep enough before the trip, but he should have pulled over to the side of the road when he felt he was getting tired. Thus, he is close to negligence.
Reuven cannot claim that since the accident took place as the car continued while he was sleeping, it should be considered damage through gerama (indirect causality). Many sources in many contexts demonstrate that processes that machines continue after man sets them into motion are considered actions of man (see Har Tzvi, Orach Chayim 134; Chazon Ish, Moed 36).
Among contemporary poskim relating to a driver falling asleep, the Shevet Halevi (VIII, CM 301) says that if they were taking a long trip and the driver fell asleep toward the beginning, he was certainly at fault, but that this is not necessarily true if he fell asleep well into the trip, as even one who is well-rested can become tired. However, it is our belief that there should be culpability in any case because of the ability of a driver to sense his exhaustion and pull over to the side.
P'ninat Mishpat (829)
Various Rabbis
279 - An Unavoidable Cancellation
280 - Falling Asleep Behind the Steering Wheel
281 - Realtor With a Delayed Demand of a Fee
Load More
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
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part I
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
