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Ruling: Def compared the giving of the car to him after someone else signed for it to the halachic cases of a watchman who gave to another. That discussion is irrelevant because it relates to the first watchman’s obligation to the owner, whereas our dispute is between the two watchmen. Also, the leasing agreement foresees the company entrusting the car to any of the employer’s workers (and family members) and so the same relationship applies to all users. The fact that the car company may approach the one who signed for the company does not mean that only he is obligated but that even he is obligated in addition to the company. Therefore, if there was negligence on the part of the driver in a manner that the damage is not covered by insurance (as is the case here based on industry regulation when one leaves keys in the ignition), pl was required to pay. Based on what we have seen above, then, def must compensate pl.
As pl cited, Rav Blass (Techumin XIII) supports in many cases the obligation of the damager to return the situation to what it was before rather than to pay depreciation. However, while that might make it necessary for def to facilitate the acquisition of a computer and phone, that does not mean they need to be new ones if old ones were stolen. Although the Erech Shay (CM 386) says that when a damaged item has no market value, the damager has to pay for the subjective damage it caused the owner. Here, since pl has the opportunity to buy used replacements, like the ones that were stolen, def has to pay only the value of used merchandise. We give the sides ten days to come to agreement for the appropriate compensation for the computer and phone, which will be added to the 20,000 NIS due on the car.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
628 - A Worker Paying for a Stolen Car – part II
629 - A Worker Paying for a Stolen Car – part III
630 - Reservation of an I-pad Game – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael – part II
#229 Date and Place: 13 Tishrei 5670 (1909), Yafo
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
