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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 (829)
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: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
