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"A Crash from Behind"

by
Rabbi Don Channen

"Questions and Answers"

 

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1. Q. According to our story, why was Reuven at fault?
       
A. Since Reuven blocked the road, he's at fault.
2. Q. On what point do Reuven and Shimon agree?
        A. That if Reuven blocks the whole road, he's at fault.
3. Q. Why isn't Reuven exempt from payment of damages, even though Shimon had room to pass?
        A. Reuven must take into consideration that Shimon may have limited visibility; for example, Shimon may be absorbed in his task.
4. Q. What is the position of Tosefot?
        A. If Shimon has room to pass, Reuven is exempt from payment of damages.
5. Q. What is the position of the Rambam?
        A. Reuven is at fault for blocking, even partially, the road.
6. Q. What is the Shulchan Aruch Choshen Mishpat's decision?
        A. Reuven must pay for damages even if there was room for Shimon to pass, unless Reuven warned Shimon.

 

 

 

 

 

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