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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 (826)
Various Rabbis
61 - Mi Shepara
62 - One Who Tripped in a Store
63 - Seller’s Responsibility after the Sale
Load More
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
