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Ruling: [Last time we dealt with basic principles and the possible complications of the insurance company’s refusal to accept beit din’s ruling.]
Poskim posit that traffic laws are relevant in determining culpability. This can be either based on societal acceptance (Chishukei Chemed, Bava Kama 31a), the law of the land (Techumin XIX, pp. 258-270; our ruling 71004), or just helping to determine who went against the norm (Pitchei Choshen, Nezikin 1:(71)).
According to pictures taken after the accident, pl’s car had turned around 45 degrees and about a quarter of the car was still within the perpendicular parking area. Def’s car was in its lane. This, along with the place of collision being corner to corner, support def’s claim that pl unsafely entered the street’s driving lane. On the other hand, it is also possible that, as pl claimed, that he started to make a three-point turn, giving def, whom he saw, enough time to stop, but def did not notice him. Rule 44 of the traffic laws states that one may not turn around and thereby enter the opposite lane if it causes a disruption of the traffic or a danger. Rule 64 is even clearer regarding care that must be taken when pulling out of a parking space. This implies that the obligation to be careful is more incumbent on the one entering a new lane. Therefore, in this case we can determine that pl acted "without permission."
According to pl, def also acted without permission, as he was looking elsewhere and not on the road. However, pl has no proof, and there is no clear reason to think def was looking elsewhere (it was his own street). It is not clear that pl was even able to see def’s face. Def would have to take a Rabbinic oath that he was concentrating on the road, in lieu of which, batei din make compromises, in which their evaluation of the situation plays a role. Members of the beit din reasoned that there is no need for a compromise in this case. For one, pl definitely acted improperly, and we do not know about def, and there is an assumption that people drive responsibly. Also, according to the Shulchan Aruch (see last week), def has the advantage in that all agree that pl saw def and def did not see him. Therefore, def is exempt from paying for damages to pl’s car. For the same reasons, def is exempt from any raising of pl’s premium.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
682 - Car Accident – part II
683 - Was There a Sale to Renege on? – part III
684 - Payments after a Gradual End of Employment
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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
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Who Breached the Contract? – part IV
Based on ruling 81087 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 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.
