YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
- Family and Society
- Financial Laws and Tzedaka
- Basics of Financial Laws
A was driving on a straight road and came to a sign that said to slow down because of cars pulling out of a parking area, which he failed to do. B pulled out of the parking area without looking properly and was hit immediately by A’s car, damaging both. Which of the two, both, or neither to pay for damages?
Ruling: The gemara (Bava Kama 48b) arrives at the following rules regarding a collision between two passersby that damages both. "If both of them had permission or both of them did not have permission - if they both damaged each other, they are obligated. If they were both damaged by each other, they are exempt... if one had permission and the other one did not, the one with permission is exempt and the one without permission is obligated." One of the examples that Rashi gives for with permission is that they were in the public domain, and one of the examples he gives for without permission is that they are running. The Nimukei Yosef (ad loc.) says that if the two collide, it is considered a case of damaged by each other. Similarly if two cars collide in a manner that they had been moving in different directions toward each other, if they both were of the same level in regard to culpability they are both exempt.
Beit din arrived at the conclusion that A certainly drove "without permission" when he did not obey the traffic sign. Regarding B, at first glance he did not violate any traffic laws and, therefore, he should be considered "with permission." On the other hand, the fact that he did not look around him when he pulled out of the parking area is considered negligence. Although the gemara (ibid. 27b) does mention the rule that "people are not in the practice of looking well as they go," beit din determined that this is not the case regarding driving in public areas. Therefore, B who pulled out without looking was also negligent.
One can prove that negligence of this type is also considered "without permission." The gemara (48a) discusses a case where Reuven entered Shimon’s domain and damages were caused. The gemara says that if Shimon knew that Reuven entered his area and did not take steps to avoid damaging Reuven, then Shimon is obligated to pay. The gemara compares this to the case of one with permission (Reuven, of whom Shimon is aware) and one without permission (Shimon, who was not careful). So too, B’s negligence makes him considered without permission.
It is clear that A’s negligence was more profound than B’s. Would we say that relative to B, it is considered that A alone is considered to be the one without permission? The answer is no, as the matter is like two people who are running, where we do not find a distinction between when they are running the same speed or one is running faster than the other. Therefore, neither has to pay damages to the other.
P'ninat Mishpat (829)
Rabbi Yosef Goldberg
22 - A Worker Who Completed a Job With Permission
23 - Damages from a Car Accident
24 - A Truck That Hit a Car That Did Not Leave Enough Room
Load More
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: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
