YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (832)
Various Rabbis
485 - Blame for Failed Partnership
486 - Responsibility for a Collision
487 - Responsibility for a Collision
Load More
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: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
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.
