Monetary, Interpersonal Laws and Din Torah (14)
Renters/Landlords. Before the Yamim Tovim, we discussed monetary halachos regarding a landlord and tenant, including obligations regarding the condition and maintenance of premises and ongoing maintenance. We now move to a different section relevant to vehicles, both to damage done and borrowing cars.
Laws of Vehicles. If one is driving a vehicle and causes damage by hitting something, it is not the same as when one’s cow would damage another person’s property or body, and all the relevant halachos, but rather it is similar to the halachos of “Adam Hamazik.” This is because the person is controlling the movements of the car and it is as if he is using his own strength (כחו). Usually there is a slight element of negligence [not an ones gamur] and thus the driver has to pay in full. When a person parks his car, he has to do so legally, in places made for parking, and in a way that others who are backing out can do so freely without risking hitting him. This is especially relevant in shul and school parking lots where people are often in a hurry to get in and out.
Question. Reuven parked his car improperly, making it difficult for Shimon to get out of his space. Shimon came out of Shul and tried to edge his car out harmlessly but ended up damaging Reuven’s car. Does Shimon have to pay for the damage?
Answer. If someone blocks my path with his objects, I am not allowed to deliberately damage them (1). If I unwillingly broke something walking in or out, I am patur. Here, Shimon tried to avoid the car and wasn’t able to, so he is patur. Shimon is not obligated to sit and wait until Reuven moves his car and loses time and/or money by waiting, because of the negligence of Reuven.
Question: Reuven threw a glass jar into an area where cars drive and park, and did not clean up the sharp pieces of glass. Shimon drives there and damages his tires. Does Reuven have to pay?
Answer: Reuven did an aveirah by leaving the glass shards there (2). Nevertheless, he is exempt from paying. Even though most of the laws of damages in Choshen Mishpat are full of sound human logic, in a few cases there are halachos that may not be understandable to us. The Torah rules that a pit (בור) and similar types of objects that are left around are only obligated if an animal was damaged, but not if items were damaged.
(1) שו"ע חושן שפט שעח:ו (2) שם טו:ג