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Parshas Vaera 5785

Monetary, Interpersonal Laws and Din Torah (23)


Renting Without Permission. If one takes his friend’s property without permission, intending to pay a fair rental price for the use, he is considered a thief and has more financial responsibility than a regular paid guardian [shomer sachar]. A legal renter does not have to pay for loss or damage due to unforeseen circumstances [oness], but this thief has to pay even for oness (1). He is exempt from paying the rent due to a deep concept in the Gemara called “kinyonei gezeilah” which gives the thief certain rights, but he still has to pay for wear and tear and return the item immediately. If this item is up for rent and the owner often rents it out, he is not called a thief and pays the rent price (2).

Parking. It is prohibited according to halacha to park in a place that causes unjust inconvenience to others. Therefore, one who parks in a way that disturbs the flow of traffic, the flow of pedestrians, or the ability to exit one’s property or parking place [like double parking], is prohibited. This is for two reasons. First, because of “Dina D’malchusa Dina”. This means that a law enacted by the governing body of the country for the good of its citizens is a binding law in halacha. Second, we find in Choshen Mishpat (3) that one is not permitted to do things that disturb the pedestrian flow of traffic, such as sticking out poles from his building or fences that are low enough to disturb.

Beeping One’s Horn. It is prohibited to blow one’s car horn at early or late hours when it might disturb the sleep of nearby people. Even if it is for a very short time, it is assur, and many people who are woken up even briefly cannot fall back asleep. If Reuven is picking up Shimon at an early hour, he may not beep to let him know he is there. Rather, he has to stop the car and walk out to get Shimon. Also, unless there is a good reason, one should not beep when it can cause fright to the one who hears it.

Puddles. If there are puddles or snow/slush on the side of the streets, and there are nearby pedestrians walking, one should not drive through it in a way that it splashes onto them. If it is safe, he should try to slow down a bit so the splash is not big. If a large splash caused damage or expense to someone’s clothes, the matter should be brought to a Dayan because there are many variable factors which could affect the psak.


(1) רמ"א חו"מ שח:ז (2) שם שסג:ה (3) תיז:ב

 

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