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Torah & Horaah — Bechukotai 5784

Выпуск: Torah & Horaah — Bechukotai 5784. 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 Bechukosai 5784 288  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Car was Damaged by a Parking Lot's Barrier-Part 1 Question As I was driving my car out of a parking lot, the barrier came down on my car damaging the cover of the trunk. hazard's removal, the Beis Yosef (CM 416) However, since there are significant cites Rishonim who write that if the fall of the differences between a person's tree and a pit wall was due to improper construction the that he dug on public property, the Gemoro owner is liable for the damages, even if no says that we can only derive the owner's warning was issued. The Beis Yosef further cites the an animal that fell into a pit that a person dug- Ritvo and Tosafos who rule that even though called bor (a pit); and the damages suffered beis din normally allots thirty days for by an animal that was gored by his ox-called compliance with its directives, if the danger shor (an ox). The Gemara determines that If the barrier had previously malfunctioned the Mishna is discussing a situation where but the owner neglected to repair it, he cannot 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org claim that the damages were an oness. (4, 114) discussing both damages that were suffered of the Rashbo) is that when one lights a after the fall and those that were suffered in fire, he immediately creates a hazard that the course of the fall, we can derive from this requires precautionary measures and the Mishna that if the owner of the tree or wall reason he is liable is because he failed to was negligent, he is liable for both kinds of take precautionary measures to ensure that damages. However, they They explain that the key feature that question the rationale for this classification distinguishes the eish class of damages is for damages caused during the fall since a that in order to damage they require the key feature of bor is that it is stationery and assistance of an external factor, which in the it causes damage because the victim falls case of a fire is the wind. 3 Questions in all areas of halacha can be submitted t

Издание

Torah & Horaah

Дата

31 мая 2024 г.

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4