YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: The gemara (Bava Kama 48a) says that if two people enter an area and collided, if one acted with permission and one acted without permission, the former is exempt and the latter is obligated. If either both entered with permission or both without permission – if they "damage each other" they are obligated to pay, but if they "are damaged by each other," they are exempt. Rashi says that the latter is referring to indirect damage. The Rambam (Chovel 6:8) distinguishes between whether the damage was done on purpose or by accident. The Acharonim dispute like whom the Shulchan Aruch (CM 378:16) rules.
In our days, poskim assume that the governmental laws of driving have an impact on the halachic laws of damage payments. Therefore, someone who breaks the law in regard to driving is categorized as one who "went without permission" (see Pitchei Choshen, Nezikin 1:(71)). The Chashukei Chemed (Bava Kama 31a) goes further, saying that if, according to the law, someone is obligated to pay for an accident, this becomes the halacha as well. For example, according to the gemara if someone stops suddenly and someone else collides from behind, the one who stopped is obligated for damages. However, since the law/society has accepted that the person behind must leave enough space to react and stop, and that if he does not, he has to pay, this becomes binding (see Bava Batra 8b). This is especially true regarding cars where failure to leave space before the car ahead can bring death.
Going through the different driving laws, we find that one should back out into a street only if necessary and only after ascertaining that there are no cars in the vicinity. On the other hand, one may go into the lane of ongoing traffic only if he checks that he has time to get back without danger. So both pl and def violated the law. However, def also violated the law of not giving precedence to the person who was driving straight as opposed to the one turning. Therefore, he is more responsible and must pay. Since much of the damage to pl’s car was from his failure to stop immediately, we rule based on compromise that he will receive only 1,000 NIS.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
611 - Losses from Financially (and Morally) Bad Loans – part III
612 - Who Drove Worse?
613 - The Mouse Guarding the Cheese? – part I
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
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.
