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Case:
The defendant (=def) is an organization that arranges Shabbat hospitality. They secured a room for a family in a yeshiva dorm room, in which a student had a personal refrigerator, without his knowledge. After Shabbat, pl found the refrigerator to be broken. A technician says the compressor was ruined. Pl is suing def who is not aware what happened to the refrigerator, instead of suing the family who used, dirtied and perhaps knows what happened to it because he does not want to bother with the family. Def is willing to pay if beit din says that the family is responsible to pay for the damages.
Ruling: The only logical way that the compressor could have been broken by the negligence of the family is if they left the refrigerator open for a very long time, thus over-taxing the motor. However, it is hard to accept that a normal family would have done such a thing, and it is much more likely that the old compressor stopped working due to normal wear and tear. Thus, we cannot consider the family a mazik (damager).
There is room to say that the family acted as a sho’el (borrower). The Shulchan Aruch (Choshen Mishpat 303:1) rules that a shomer (watchman, including a borrower) is obligated to pay for the appropriate losses only after he has did meshica (a physical act of kinyan by moving the object). Although the refrigerator was not moved, there are grounds to obligate based on the Netivot Hamishpat (340:8), who says that use of the object obligates a shomer even without a kinyan. If the family is a sho’el then one could propose to obligate them even in oness (damages for which they were not at fault). However, since the refrigerator was still working when the family left after Shabbat, it is like a case of one who ceased using an object and returned it, which ends his period of obligation, even if he borrowed without permission. Therefore, there is no obligation due to the laws of sho’el.
The family certainly was neheneh (received benefit) from the use of the refrigerator. The benefit can be estimated at 20 shekels, based on the differential in value of accommodations with and without a refrigerator. Had there been no damage because of their use, we would have exempted the neheneh from payment because of the rule of zeh neheneh v’zeh lo chaser (one benefited and the other did not lose). On one hand, the refrigerator was left dirty and there was added wear and tear because of the usage and when there is much benefit and small damage (even less than a peruta) one has to pay for all of the benefit (Tosafot 30b). However, beit din determined that since the dirt and extra usage did not affect the refrigerator’s value in any noticeable manner, there is not considered to be damage. Therefore, def does not have to pay anything.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
1 - Regulation of Land Rights in a Settlement Extension – part V
2 - Regulation of Land Rights in a Settlement Extension – part IV
3 - P'NINAT MISHPAT: REGULATION OF LAND RIGHTS IN A SETTLEMENT EXTENSION – PART III
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P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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
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.
