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Torah & Horaah — Chayei Sarah 5785

Выпуск: Torah & Horaah — Chayei Sarah 5785. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Chaye Soro 5785 311  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Tried Unsuccessfully to Avoid Damaging an Illegally Parked Car Question I was driving on a two-way street which has no place to park on the side of the road. He rules and maintains that the rule is the same that if the barrels were placed in a manner even if A and B were in a place where that makes the thoroughfare totally either both have permission or both do impassible, a pedestrian may smash some not have permission. impassible a pedestrian may intentionally However, if A entered B's property without break some barrels is based on the Gemara B's permission, many major commentaries (BK 28A) that explains that one may do so (Bach (378, 379), Yam Shel Shlomo (BK 5, because of the principle that ovid enash 9), Machane Efraim (Choveil U'mazik 6, 5), dino lenafshei-a person may take the law Orach Hashulchan (378, 16), Chazon Ish into his own hands in some situations (BK 4, 3, paragraph beg. 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org However, this principle does not explain street and is hit by B, who was not careless the ruling in case the road is not totally but miscalculated, these opinions absolve impassible. Another case that is discussed by the Therefore, the correct explanation of the Chashukei Chemed (BK 26A) concerns A Rambam and SA is that this is another who left his glasses on a bench in a beis application of the Rambam's principle hamedrash and B accidentally sat down since in this case the barrels were illegally on them. In this case the law should for unintended damages but is liable for be that in places where people don't intended damages, he rules that if the generally leave their glasses on a bench pedestrian accidentally broke some of and people may sit on any unoccupied the barrels he is not liable, but if he did so seat, if A initially noticed the glasses on the intentionally he is liable. If B is aware that A entered, he is liable (The Gro (378, 18) alters the text of the for damaging A even though A entered Tur and therefore, disagrees with t

Издание

Torah & Horaah

Дата

22 ноября 2024 г.

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3