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Ruling:The gemara (Bava Kama 49b) deals with a machloket among Tannaim and Amoraim regarding if one is obligated to pay for damages caused by a "bor" (pit, and other equivalent situations) that exists in the defendant’s own property. The Shulchan Aruch (Choshen Mishpat 410:6) rules that if one dug a bor in his own property and relinquished his rights to the property in a manner that masses may enter, he is obligated. This is the situation regarding a store, where one invites whoever wants to enter. However, beit din toured the store and found that the tile upon which pl fell was higher by only a tiny amount and, the store’s longtime workers attest that in the many years that the situation existed nobody had fallen. Therefore, there is at best a safek bor (a possibility that a "pit" exists).
In our times, when authentic semicha no longer exists, there are certain areas of adjudication that our dayanim cannot perform. Among them are matters of payment that exceed the actual damage. The poskim dispute whether our dayanim can judge matters of bor (Shvut Yaakov I, 136) or not (Shach, CM 1:2, in the name of the Maharshal), but the Pitchei Teshuva (1:1) and others accept the opinion that they can.
The payment for damages caused by a bor consists of what is known as nezek, which is permanent damages that would result in the lowering of the person’s value were he to be sold as a slave. However, other payments, such as for medical bills, missed work, embarrassment, and anguish, do not apply to bor (Shulchan Aruch, CM 410:34). In our case, there is no long-term damage, as pl’s situation is improving and is expected to return to normal. Beit din has found out that pl’s claim that he will never be able to lift heavy items is not medically sound. Since we are talking about a safek bor and the payments do not fit under the category of those that can be levied, beit din cannot obligate def to pay.
However, it is standard practice for businesses to insure themselves for cases such as these, and it is clear that had def done so, def would be entitled to significant payment. If he had sued (improperly) in secular court he would have likely received significant payment. Therefore, def accepted beit din’s request that he agree to pay, based on the concept of willing compromise, for the anguish he caused. Beit din set the payment at 2,000 shekels.
P'ninat Mishpat (832)
Various Rabbis
61 - Mi Shepara
62 - One Who Tripped in a Store
63 - Seller’s Responsibility after the Sale
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
