ITS TEEN TIME!

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ITS TEEN TIME!

2 CROWN HEIGHTS NEWSpapER ~July 25, 2008

The Vaad Hakohol

The Prohibition of going to Court Zaida Getzel

Rabbi Shlomo Segal

Member of the Bais Din of Crown

Heights

Community Newspaper

392 kingston avenue

Brooklyn, Ny 11225

Question

a person entered

another person’s

home, and as a

result of dirt on

the staircase, the

person slipped. is

one permitted to sue the owner in court

in order to collect from the owner’s

insurance-- the owner can argue that

this is damaging to him?

answer

in Shulchan aruch, Choshen mishpat

chapter 26, it cites the strict prohibition

against going to court. The only

exception would be when one does

not adhere to the Bais Din, his plaintiff

would then receive a special consent

from the Bais Din to summon the

defendant to court.

Surely,, one is not allowed to cause

damages to another person’s money by

summoning him to court, as it is cited

in Shulchan aruch, Choshen mishpat

chapt. 388. Regarding this aspect, even

when one had refused to come to the

Bais Din, there is no granted permission

to cause pain to the person by going to

court and subpoenaing the defendant

in person or financially.

But in the situation when the claim is

against the insurance and in order to

collect from the insurance, he needs to

file a complaint against the owner--this

is not forbidden. Since it is known that

one cannot claim insurance in a Bais

Din, and the only option to obligate

the insurance to pay is by filing a claim

in court.

in such a case, it is cited in the poskim

that this is not included in the

prohibition of going to court, and as

it is stated in detail in the Tshuvos of

the Bais yitzchok Choshen mishpat

Published & edited weekly by the vaad Hakohol

of Crown Heights.

moshe Rubashkin, Rosh Hakohol

Dr. Tzvi (Harvey) lang, Chairman

Rabbi Plotkin, Secretary

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all material in this paper has been copyrighted. it

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chapt. 38. But being that the original

responsibility was on the owner and

the insurance entered as a guarantor

for the owner, therefore, if it is verified

that the insurance is not obligated to

cover the damage, a person would then

prohibited to continue in court in order

to obligate the person to pay.

Because:

From the perspective of the dayan in

Bais Din, the owner is not obligated

to pay when a person got hurt on his

property. it is stated in Shulchan aruch,

Choshen mishpat chapt. 412, that in a

location where there are things that can

cause a person to slip, a person needs

to be aware and protect himself. in a

home, where there are young children,

it happens quite often that items are

left on the floor, which can cause one

to stumble or slip, and one should have

noticed them while walking up the

staircase. and there is no reason to

obligate the owner for the damages.

when one summons the owner and

not the insurance, it is a prohibition of

going to court.

Regarding the issue that this claim

may cause an increase in the insurance

premium, it would be appropriate that

the plaintiff should cover the costs of

the insurance increase, because one

is forbidden to cause any damage to

the owner through court. and since,

in any case, the insurance reimburses

the plaintiff more than what the Torah

requires, therefore the plaintiff should,

on a monthly basis, reimburse the sum

of the increase that the owner had to pay

as a result of this claim, until the owner

changes to another insurance policy.

it would be noteworthy to mention that

the owner should assist the plaintiff to

collect his reimbursement from the

insurance and surely not hinder or

stop the plaintiff from receiving his

damages.

Clarification

in last week’s column, we discussed

that when one rented or leased a car,

and he received a ticket – who would

be responsible for the payment?

it seemed from some of our readers,

that the final conclusion lacked some

clarity.

The answer is the obligation falls on

the one who rented\leased the car, as

it is cited in Shulchan aruch Choshen

mishpat, chapter 128--in such a case,

we obligate the one who was negligent

in paying the money.

By: moshe Rubashkin

This coming Sunday, Chof Daled Tammuz,

yidden will recite the Hallel

Prokim as part of the Tehillim of Chitas.

The words of Praise express the deep

appreciation we have for the almighty

and the wondrous miracles He wrought

for us. Once these precious words of

Dovid Hamelech are offered we feel

ennobled, a notch higher than before.

This coming Sunday Chof Daled Tammuz

is the 25th yartzeit of Reb Shneur

zalman yissocer Getzel Halevi ben Reb

Sholem, a”h. The extended Rubashkin

family and friends will offer their added

heartfelt gratitude c/o the Hallel verses

of the Tehillim of the day. The grace

and the privilege of having had a zaide

Getzel is something to continually thank

Hashem for. zeide was a marvelous

model, a life example of a true chosid, a

True Pnimi. it’s also interesting to note

that the Hayom yom of Chof

Daled Tammuz describes the

character of a Pinimi.

zeide Getzel was an original.

He was a colorful fellow. He

had his own inimitable style

and signature. They reflected

his deep concern for what

was right and respectful. He

possessed a sharp wit along

with an endless treasury of

stories with which to elucidate

every concept and circumstance.

in his earlier years

zeide would express freely his

thoughts and his observations,

but in his later years he was

more reticent. at his 80th

birthday surrounded by his

children, grandchildren and

great-grandchildren, gathered

to celebrate with l’Chaim, he

relented. in appreciation of

the occasion and in response

to our proddings, zeida shared a few

stories. we never forgot them. Their

lessons penetrated and enriched us. The

wisdom gleaned, served us in countless

ways.

a country yokel inherited a silver spoon.

what use did he have for a singular, silver

spoon---none he decided. So he went

to the trading store and received a few

coupons in lieu of the silver spoon. up

and down the aisles he went, but couldn’t

find anything that caught his fancy until

he found a lacquered, colorful, wooden

spoon. Gleefully he gave the agent the

coupons, and it was only a while after

when he left that he realized that he

had traded a silver spoon for a wooden

spoon. zeida paused for emphasis when

he finished his folk tale. He didn’t offer

more. He left the thinking to us.

another favorite was the Tale of the Four

Horses. along a lone highway traveled a

man with four horses. Behind him rode

a man with three horses. The man the

man with three horses urged his horses

on, convinced with just a bit more effort

he could be on par to the man with the

four horses. Now behind him rode a man

with two horses. He too urged his horses

in thinking with a bit of prodding his

horses could catch up to the man with

the three horses. unknown to him was

that the man with the three horses was

really competing with the man with

the four horses. and so it continued to

the man with the one horse who tried

to catch up with the man with the two

horses who in reality was competing

with the man with the four horses. No

wonder the horse dropped shortly. zeide

again let the lesson sink in. He left the

thinking to us.

all grandchildren love their grandparents.

They mirror and respond to the

unconditional love and warmth. They

know they are the heroes and heroines

in the eyes of their grandparents. what

grandparent doesn’t light up when seeing

their grandchildren? Their dreams, their

yearnings their hopes are invested in

their grandchildren. we felt all this and

more when visiting our grandparents.

who could forget the twinkle in the

eye, the animated facial expression,

the profuse blessings. They fuel us ‘til

today. as an adult grandchild, BH, a

grandmother myself, i continuously

cherish the blessing of having known

my grandparents.

what i realize now that i haven’t considered

previously is how unique and amazing

our grandparents were in their own

generation. Fooled by their exceptional

modesty, we didn’t realize then that we

were provided with an encounter of truth

that can never be duplicated.

“emes is in the Siddur,” a wise woman

remarked to my mother when noticing

her bewilderment at the action of those

who should have known better. “emes

is in the Siddur,” became a slogan we

would quote often to remind ourselves

that whereas human beings can fail,

Continued on Page 6

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