web analytics
January 29, 2015 / 9 Shevat, 5775
 
At a Glance
Judaism
Sponsored Post


Parking Spot

Business-Halacha-logo

Yankel drove with his wife to the yeshiva’s annual dinner. “I hope we’ll be able to find parking,” she said.

When they arrived, Yankel circled the block twice looking for parking, but had no luck. “I’ll wait on the block until a spot opens,” he said. He pulled up by a driveway in the middle of the block and waited there.

Ten minutes later, a car toward the front of the block started to pull out. “There’s a spot!” his wife said excitedly.

Yankel waited for the car to pass and then began backing up to the spot. While he was reversing, he saw another car round the corner. The other car stopped at the vacated spot and started parking.

Yankel got out. “I already claimed that spot,” he said to the driver.

“What do you mean you claimed the spot?” the man responded. “I got here first.”

“I’ve been waiting on the block for ten minutes for a spot to vacate,” Yankel said to the man. “I claimed the spot when I saw the car pulling out.”

“I’m also looking for a spot,” said the man. “What makes this spot yours more than mine?”

“I’ve been waiting on this block the whole time,” said Yankel, “You weren’t here and just came.”

“What’s the difference?” said the man, unimpressed. “Since when can you lay a claim to an entire block? You don’t own the street!”

“I saw the car pulling out first, though,” said Yankel. “I had my eyes on the spot before you.”

“That’s your tough luck,” said the man. “Sometimes, sitting on the block works better; sometimes, circling works better. I got to the spot first.”

“But I was already backing up the block and heading to the spot,” Yankel protested, “even before you turned the corner into the street!”

“Backing up toward the spot doesn’t make it yours,” said the man. “I don’t see why I should move.”

Just then, Yankel noticed Rabbi Dayan walking by with his family. “That’s Rabbi Dayan,” he said to the man. “Let’s ask him!”

“Hello, Rabbi Dayan,” Yankel said. “I’m glad you chanced by. We’re having a disagreement over this parking spot.”

“What about it?” asked Rabbi Dayan.

“I was waiting on the block for ten minutes for a spot to open,” Yankel told Rabbi Dayan. “I was already backing up to the spot when this man turned the corner and started pulling in. Who’s entitled to the spot?”

“This relates to a concept known as ani hamehapech bachara,” replied Rabbi Dayan. “If a person is scavenging for a loaf of bread and someone else comes and grabs it – the intruder is called a rasha, wicked.” (Kiddushin 59a)

“So it seems that I’m entitled to the spot,” said Yankel.

“There is a well-known dispute between Rashi and Rabbeinu Tam regarding this concept,” continued Rabbi Dayan. “Rashi explains that it applies also when the person was scavenging after a loaf that was ownerless [hefker]. Rabbeinu Tam, however, cites a number of sources indicating that ani hamehapech does not apply to something hefker, but only to something offered for sale or rent.”

“Why should there be a difference?” asked the man.

“A rental or sale item can be acquired elsewhere, as well,” explained Rabbi Dayan, “Therefore it is immoral for the second person to intrude upon the efforts of the first person. However, he may not be able to find a hefker item elsewhere, so he does not have to forego this opportunity in deference to the first person.”

“Whom do we rule like?” asked Yankel.

“The Shulchan Aruch cites both opinions,” answered Rabbi Dayan. “The Rama sides with the opinion of Rabbeinu Tam that ani hamehapech does not apply to a hefker item.” (C.M. 237:1)

“Is a parking spot considered hefker or a rental?” asked the other man.

“If parking is readily available on a nearby street, it is similar to rental,” replied Rabbi Dayan. However, if parking is difficult to find, it is comparable to hefker, even if there is a parking meter or charge. Therefore, although Yankel waited on the block and was heading toward the spot, he cannot repel the intruder.”

“Nonetheless, a God-fearing person should consider Rashi’s opinion,” Rabbi Dayan said to the other man. “There is also common decency, v’asisa hayashar v’hatov – you should do what is proper and good, even if not legally required.” (Igros Moshe, E.H. 1:91; Pischei Choshen, Geneivah 9:30)

“What if I had already positioned myself adjacent to the spot while the parked car pulled out?” asked Yankel.

“Then presumably you would have rights to the spot even according to Rabbeinu Tam,” Rabbi Dayan concluded. “Since you made a concerted effort to claim the spot, the practice is to respect this to avoid fights.” (See P.C., 9:13 [30]; 268:2)

Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Parking Spot”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
IDF soldiers evacuating wounded near northern border town of Ghajar.
Northern Golan Heights Declared Closed Military Zone
Latest Judaism Stories
Tissot_The_Waters_Are_Divided

Leading by example must be visible, regarding where, when and how-like Nachshon entering the Red Sea

Torah-Hakehillah-121914

Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.

Parshat Bo

Before performing the 10th plague God makes a fundamental argument about the ultimate nature of justice.

Daf-Yomi-logo

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

How is it possible that the clothing was more valuable to them than gold or silver?

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

Property ownership is an extremely important and fundamental right and principle according to the Torah.

The tenderest description of the husband/wife relationship is “re’im v’ahuvim/loving, kind friends”

And if a person can take steps to perform the mitzvah, he should do so (even if he won’t be held accountable for not performing it due to circumstances beyond his control).

Suddenly, she turns to me and says, “B’emet, I need to thank you, you made me excited to come back to Israel.”

Pesach is called “zikaron,” a Biblical term used describing an object eliciting a certain memory

Recouping $ and assets from Germans and Swiss for their Holocaust actions is rooted in the Exodus

Pharaoh perverted symbols of life (the Nile and midwives) into agents of death.

I think that we have to follow the approach of the Tannaim and Amoraim. They followed the latest scientific developments of their time.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.

Business-Halacha-logo

“The issue is not just logistical,” replied Mr. Kahn. “I thought that halacha requires that the beginning of the adjudication and acceptance of testimony be during daytime.” (C.M. 5:2; 28:24)

A few days, Mrs. Feldman called back. “I would prefer a nice cake rather than the chocolate.”

He sent out a memo to the tenants: “In light of the recent burglaries, we’ve decided to implement additional security measures, including hiring a doorman for the weekends.”

“I’m still not sure we have a right to damage his property,” said Mrs. Schloss. “Can you ask someone?”

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

Mr. Weiss refused to listen and sued Mr. Cohen in civil court.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/parking-spot/2012/04/12/

Scan this QR code to visit this page online: