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Beit Midrash
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Case: The cars of the plaintiff (=pl) and the defendant (=def) collided on a narrow road, with the back of def’s car breaking one of pl’s headlights and sustaining its own damage. According to pl and his son, who was driving under his father’s tutelage, they were on the correct side of the dividing line, and def was just over it. Def admits that he had been over the line but corrected it and was able to see from his rear-view mirror, at the moment of impact, that the collision happened on the line. At the time of the event, def agreed to pay for pl’s damage, to settle the matter amicably despite his lack of culpability. When pl told him that the estimate was for 2400 shekels, he refused to pay any more than 300 shekels. Def argues that since pl continued the suit, he will make a claim on the damage to his car.
P'ninat Mishpat (829)
Various Rabbis
485 - Blame for Failed Partnership
486 - Responsibility for a Collision
487 - Responsibility for a Collision
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Even the pledge in front of beit din to pay 300 shekels is not binding. While the Nimukei Yosef says that a concession in front of beit din to certain rules of adjudication is binding without a kinyan, the Shach (CM 22:1) rules that a kinyan is required.
Although there is no evidence, since the arbitration agreement empowers beit din to rule according to compromise, beit din can incorporate incomplete proofs and indications. Def admits that he was over the line soon before the accident, whereas pl and his son are adamant that they were in lane the whole time. It is possible to get back into lane. However, after visiting the accident site, beit din notes the following. Def was in the middle of a curve in the road, which made it difficult to correct his position. His ability to see pl’s car in advance was much less than pl’s ability to see def’s. It is also very difficult to imagine def being able to see clearly from his rear-view mirror at the moment of the collision.
Furthermore, def’s willingness, at the accident scene, to pay is a reasonably strong indication that he realized he was at fault. Considering that damage to his car was greater, it does not make sense that he should be so forthcoming. Also, the fact that only now def is asking for damages to his car implies that there was either an admission of sorts of his responsibility or mechilla of his right to claim damages from pl. Based on all the above, we hold def responsible to pay.
On the other hand, def does not have to pay the full claim. First of all, the estimate pl brought is too high; also, he only has a right to a used headlight, like the one that was destroyed. Finally, since the decision is based on partial evidence and on compromise, we award him only 80% of the payment otherwise due. In total, def owes pl 688 shekels.
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Smoking Rights in a Rental? – part I
based on ruling 85076 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.
