Parshas Vayeshev 5786
- Torah Tavlin
- 6 days ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (57)
Question. Last week, we discussed a case if Reuven damages Shimon’s car and pays for the repairs, can Beis Din obligate him to cover Shimon’s rental costs during the repair period? If not, does he still have a Heavenly obligation (b’dinei shomayim) or moral responsibility to pay, as with indirect damages (grama)?
Answer: One who does indirect damage cannot be obligated to pay in Beis Din, yet there is still a heavenly obligation to pay (1). This refers to someone who meant to cause that damage (2). If there was no negligence he is exempt (3). Some hold (4) that even negligence would obligate him. In our case, if he was negligent in the accident, it would seem to this writer that he should be advised to pay or negotiate a settlement. Besides, even if there is no heavenly obligation, it is still morally correct to ensure that the victim has no grievances [tarumos], which might be justified for negligence. If there was no negligence, even though he has to pay for the car damage there is no need to pay for the two days rental.
Question: If one is traveling through the night in a car until daybreak, is there a way to light Chanukah licht inside the car?
Answer: If there is a family member over bar mitzvah at home, he should light and they will be yotze with him. If not, he could appoint someone to come and light for him. Since some Poskim hold that the one appointed cannot recite the berachos, he should light in his own house, having in mind the berachos for the second lighting, and without delay or interruption go and light for the other person. If that cannot be done, some Poskim (5) hold that one may light in the car since it is like his house for the night. R’ Moshe zt”l is quoted (6) as saying it only works if one pulls over to the side and stops for half an hour. Others (7) argue that since it is a place not made for sleep, it is not called a house. It is better to light without a beracha. One should make sure that whatever he does is safe and if lighting with oil is not safe or practical, he should use a flashlight, and certainly without a beracha. If one has an RV that people use for vacation trips, it is like a house.
(1) בבא קמא נה: (2) מהרי"ט א:צה (3) חזון איש ב"ק ה:ד (4) נימוקי יוסף ב"ק כד. (5) משנה הלכות תשפ"ו, הרה"ג שלמה מיללר שליט"א בשושנת ישראל יא:ח,ט (6) הובא במסורת משה ג:שסט (7) כתר שלמה חלק א' עמ' תרצב, בשם הרה"ג חיים קנייבסקי זצ"ל