Parshas Emor 5785
- Torah Tavlin
- 6 hours ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (30)
Laws Regarding Cars: Not in Use. Another important detail to mention in this discussion is about a car that is no longer being used, either because it cannot be driven or because the owner uses a better one. Some people leave their car taking up a parking space for long periods of time. In both public parking areas and semi-public areas such as a multi-apartment building parking lot, spaces are limited to the demand and a useless car causes inconvenience to proper car users. It is a common and basic understanding that the usage of the parking area is for cars being used and no one has the right to cause a space shortage. The owner is obligated to dispose of it as soon as possible.
Damage that Saves the Victim Expense. Deductions. Both with cars and other monetary disputes, the following should be taken into account and a shaila asked to a Rav or Dayan: Example One: Reuven damaged Shimon’s car and totaled it (total loss). Shimon was about to have an an emission test (and similar testings) done which would have cost him $100. Now that the damaged car is replaced by Reuven, Shimon saved $100. Can Reuven deduct that off the total payment? Example Two. Reuven paid Shimon $10 to watch a $100 item. Shimon did not do his job well and it was lost. Does he pay $100 or maybe not? He could possibly say that even had he done the job, Reuven would still lose $10 to keep his $100 item, so he only caused him to lose $90. Example Three. Reuven has a house worth $100,000 that he wants to sell, knowing he will have $5,000 in selling costs. Shimon burned down the house. Does he owe the full amount or can he say that he only owes $95,000 because that is all Reuven would have had from the house, including the consideration that the price is a makeup of all potential expenses?
Sources. The Gemara (1) has a similar case when one damaged grapes and saved the victim the nutrition power of the vines. There are two opinions among the Tanaim if the damager can deduct the savings from his payment. It is a complicated issue to know whether a direct benefit is the same as an indirect benefit, or if an “immediate” benefit is the same as a “later” benefit.
(1) בבא קמא נט.