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Ruling: Leaving a car running in an industrial area with his back to the car is considered an act of damage to the unsupervised object (Netivot Hamishpat 291:7). The understanding that this is unreasonable is strengthened by the law that it is forbidden to leave a car running unsupervised.
Even if it were not considered damage, def would be obligated as a watchman. One who benefits from the arrangement by which he is responsible for the object, e.g., he receives money from the situation, is a shomer sachar (paid watchmen), even if he is not paid to watch per se (Shulchan Aruch, Choshen Mishpat 306:1). Although there is a machloket between the S’ma (306:1) and Shach (306:1) whether this is so for a salaried worker, in this case, since def used the car for his private needs as well, he definitely was a shomer sachar (Bava Metzia 43a).
A shomer sachar is obligated for theft of the object, even if he was not negligent (which def was). Although things are somewhat more complicated regarding a theft by armed robbers, even if these were armed, they did not need to use the threat of violence in the theft.
We reject def’s claim that by not knowing that he could be obligated to pay the car’s full price, it is like the case of someone who was told to watch something inexpensive when in truth it was expensive (see Bava Kama 62a). First, even a watchman who did not know the value of what he was watching is obligated if he damaged it (Shulchan Aruch, CM 291:4), which our case is equivalent to (see above). Second, def knew how much the car was worth and that if he were recklessly negligent about it, he would have to pay its value. All he did not know was in which cases he would have to pay full price and in which he would just pay a deductible. Would we say that if a shomer did not know the relevant halachot of watchmen, he would not be obligated?! Third, according to many (see Maharsal 6:34), the exemption for lack of awareness is only when the owner deceived him.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
653 - Damages One’s Workers Might Have Caused
654 - A Worker Paying for a Stolen Car – part I
655 - A Worker Paying for a Stolen Car – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
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 Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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
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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.
