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Beit Midrash
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- P'ninat Mishpat
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 (832)
Various Rabbis
279 - An Unavoidable Cancellation
280 - Falling Asleep Behind the Steering Wheel
281 - Realtor With a Delayed Demand of a Fee
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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: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
