YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- Bemare Habazak - Rabbis Questions
Answer: If Reuven left his property in a place/manner it has no right to be, and Shimon’s animal went by and purposely kicked it, Shimon must pay damages, but Shimon is exempt from the animal’s inadvertent damage while walking by (Bava Kama 32a; Shulchan Aruch, Choshen Mishpat 389:20). You might compare your bicycle to Shimon’s animal. However, the exemption of inadvertent damage to improperly positioned objects applies to damage done by one’s animal, not done by a person (Tosafot, Bava Kama 27b; the person powering/steering the bicycle is considered a direct damager).
The mishna (Bava Kama 27a) says that if Reuven left his vessel in the public domain and Shimon tripped over it and broke it, he is exempt. The gemara (ibid. 27b) wonders why we cannot expect Shimon to be careful, and cites four answers. The most accepted one (Shulchan Aruch, CM 412:1) is that people are not expected to inspect their walking path. You might claim that, similarly, you cannot be expected to lead your bike through a tight place without possibly scratching an obstructing car. However, poskim (Nimukei Yosef to gemara ibid., Yam Shel Shlomo, Bava Kama 5:9) say that the leniency is limited to cases where the damager was unaware that the object was present, but when he knows there is something to avoid damaging, we expect him to succeed. The fact that the object is not supposed to be there and the damager’s lack of intent to damage do not seem to exempt.
A stronger ground for exemption, although not for too many cases, is based on Rav’s explanation to the gemara’s exemption – in the mishna’s case, Reuven’s vessels made the public path impassable. This is based on the concept that in certain cases, a person can take the law into his own hands to protect his interests (Shulchan Aruch, CM 4:1). So, if the situation warrants it, a person may purposely break the vessels in order to get by, and he certainly is exempt if when trying to squeeze by, he accidentally did damage (Bava Kama 28a; Shulchan Aruch, CM 412:2).
Regarding your question, each case can be different and can be unclear. How crucial is it to squeeze by (i.e., is there no reasonable detour?)? How likely is it that you will damage the car, and does it make a difference? What is the halacha if you could have gotten by without damage, but you did a poor job? The Aruch Hashulchan (CM 412:4) seems to take a measured, practical approach to this matter, understanding the passerby’s predicament, but gives few details. I saw an approach that gives great leeway to the passerby (Mishpetei Hatorah, Bava Kama 53), but it was low on sources and proofs.
Bemare Habazak - Rabbis Questions (654)
Rabbi Daniel Mann
631 - Ask the Rabbi: Anonymous Return of Stolen Money
632 - Ask the Rabbi: Scratching Improperly Parked Cars
633 - Ask the Rabbi: Selecting Things to Use Later on Shabbat
Load More
It is indeed a good idea to be very careful, not only to be nice (even if you resent illegal parking), but to avoid the need to deal with a likely need to pay something. (Leaving a note for the car owner sometimes opens a "Pandora’s box" to unreasonable demands.) If you did scratch such a car but in a way that your conviction (which will often call for specific rabbinic advice) is that you owe nothing, you are not required to present yourself to the car owner (see Living the Halachic Process III, I-5).
Rabbis in Midrash
Lessons
fast navigation
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.
