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Ruling: There are five possible elements to be compensated for regarding damage to a person – 1. Nezek – permanent physical damage; 2. Shevet – work missed during recuperation; 3. Ripuy – medical expenses; 4. Tza’ar – pain; 5. Boshet – embarrassment from the damages. When the damage was caused by a person’s animal, only nezek is paid (Shulchan Aruch, Choshen Mishpat 405:1). If the animal damaged maliciously, the payment is only half of the damage. Furthermore, such payment is considered a k’nas (penalty) unless that animal attacks maliciously on a regular basis, and the rule is that in our days, beit din cannot obligate payment for a k’nas. Halachic sources (see Shulchan Aruch, CM 395:1) and experience (in Israel, a few hundred dog attacks are reported per year) indicate that dog bites are not common enough to warrant a normal payment obligation. In this case, nezek is only to the pants (200 NIS), half of which is 100 NIS of k’nas, whose payment, as mentioned, is difficult to obligate in our times.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
745 - Problems Arising from the Sale of Stores in New Project – part III
746 - Paying Damages for a Biting Dog
747 - Fee for a Fired Toein Rabbani – part I
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Even in our times, it is possible to impose extra-judicial payments to deal with problematic situations (ibid. 2:1), and one can argue that a dog attack is such a case. However, it is difficult for an arbitration-based beit din to do so, especially when the dog owner did not act recklessly. While one who signs our arbitration agreement enables beit din to obligate over matters for which there is only a moral obligation to pay, this would not justify significant payment here.
The valid grounds for payment in this case is dina d’malchuta (law of the land), as par. 41a of the Regulations of Damages calls for payment for damages caused by one’s dog, even if the owner was not negligent in his supervision. As this is a response to a legitimate need to deal with a disturbance to society, it falls into the cases where our beit din accepts dina d’malchuta as halachically binding. In a society with a dense urban population, it is not an inherent right to raise a potentially dangerous dog. Just as society expects those who have cars to be insured to pay for extensive damages, so too society demands of those who decide to have dogs, to pay in a complete manner for their damages.
In this case, pl did not prove actual damages to the extent he claimed. Our calculations of realistic damages (especially missing work and pain) come to around the amount def originally agreed to pay (5,000 NIS), which is what we rule.
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Raffle of Property in Eretz Yisrael for Tzedaka
Igrot Hare’aya – Letters of Rav Kook: – #220
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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: Return of Down Payment Due to War – part III
based on ruling 84044 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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
