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Case: The plaintiff (=pl) is a newspaper photographer who went to a building site in a settlement that was the subject of legal/public controversy. Upon starting to take pictures, Reuven, a guard at the site, told him to leave. He continued taking pictures from a nearby public street, and then Reuven was joined by the defendant (=def), the site’s foreman. After a short argument, pl started taking pictures of def until the camera sharply hit him in the nose causing blood to stream down. Putting down the camera, he saw that only def was close enough to have hit him. Def denies hitting him and said that he only raised his hand to block the camera’s view, and that apparently pl banged the camera into his nose himself. Reuven’s story was similar. Pl is suing for 100,000 shekels (his injury includes a deviated septum).
Ruling: There are no witnesses, including even pl, who claim to have seen def strike pl’s camera, but there is significant circumstantial evidence. Reuven’s accounts were full of inconsistencies, and a few witnesses related that Reuven had told them after the event that there had been an altercation between pl and def. All acknowledge a policy to prevent photographers from taking pictures.
Usually, one cannot extract payment without witnesses or real proof. However, there is precedent for payment for physical damage with less than that. The mishna (Shvuot 44b) says that if there are witnesses that Shimon was undamaged before contact with Levi and was seen damaged right afterward, Levi has to pay for damages if Shimon swears that Levi damaged him. The Shulchan Aruch (Choshen Mishpat 90:16) rules this way when the damage was such that Shimon could not have done it himself and the witnesses believe there was no one but Levi in the position to do it. The Rambam explains that the easing of rules of proof is a penalty toward violent people, and the Ra’avad says that it is because the circumstantial evidence is particularly strong. Our case is similar in several ways.
On the other hand, here we lack witnesses before and after the damage occurred. The Terumat Hadeshen (II:208) says that the alleged damager’s denial is believed because of a migo that he could have denied the story. It is likely, though, that in this case, enough was seen (and photographed) to prove the basic story.
The Ramah (cited by the Tur, CM 90) says that the damaged person’s ability to receive payment after an oath only applies when it is known there was an altercation between them. While the Shulchan Aruch does not cite this position, important Acharonim do. In this case, there was great tension between pl and def. While we doubt that def struck pl with the intention to hurt him, there was enough of an altercation to not be surprised if there was physical contact with the intention of stopping the picture taking. This could have inadvertently caused the physical damage.
Although we do not allow people to make an oath, pl deserves some compensation based on compromise in lieu of the oath. [Next time, we will explore for what elements pl is due to receive payment.]
P'ninat Mishpat (829)
Various Rabbis
431 - Unauthorized Building by an Apartment Owner
432 - Altercation with a Photographer – part I
433 - Altercation with a Photographer – part II
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 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
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.
