web analytics
May 19, 2013 /10 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
jumping Following a Passion for Sports to Israel

In Israel, a new five month scholarship program being offered to young aspiring athletes – one of them could be you.



Parking Spot

tell a friend
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.

tell a friend

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.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Haredim protest the draft, May 16, 2013.
Few Terrorize ‘New Haredim,’ But Majority Accepts Integration
Latest Judaism Stories
Torah-Anytime-logo
Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Taste-of-Lomdus-logo
Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Judaism → Halacha & Hashkafa

Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Parsha

The Rema writes (Ohr Hachaim, 494:4), “It is customary to spread branches of trees in our synagogues and homes [on Shavuos] in order to commemorate that which the sages say [Rosh Hashanah 16a] that on Shavuos the world is judged concerning [how many] fruits the trees will produce [that year].”

Judaism → Halacha & Hashkafa

Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)

Judaism → Parsha

If a man suspects his wife of infidelity, he is to bring witnesses and warn her not to go into private quarters with the man in question. If she violates that warning, he is to bring her to the kohen, who will give her the “bitter waters” to drink. If she was falsely accused and was innocent, she will be blessed with children. If she was guilty, she will die a gruesome death.

Judaism → Columns → Lessons In Emunah

A flash of red caught my eye, and I looked up and saw a cardinal perched on the picnic table on my deck. What a miracle, I marveled. You’re beautiful. Thanks, Hashem. And then my mind’s wheels began to roll, and it struck me that several miracle stories had come my way this week. The stories prodded me to think of and feel Hashem’s presence as a more tangible and vivid reality.

Judaism → Rebbetzin's Viewpoint

Over the years I’ve received letters from all over the world in which people share feelings and thoughts they’ve experienced upon becoming became Torah observant. Usually these letters arrive not long after the writers had heard one of my speeches. No matter where a particular speech took place, and no matter whether I spoke the language or had to use a translator, the magic always works. In reality, it’s not magic at all but a little voice in the soul – the “Pintele Yid,” that spark of G-d’s Word engraved on all our neshamahs. Here is one recent letter.

Judaism → Parsha

By the time these words are printed, there will be only a few more days left before Shavuos. We hope that up until that point, we will still have been counting the days of Sefiras Ha’Omer with a bracha, but we also know that too often, despite our best efforts, we drop out of counting with a bracha some time before the count is complete.

Judaism → Parsha

In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.

Judaism → Halacha & Hashkafa

Question: Is there anything special that one should do on Yom Yerushalayim?

Judaism → Ask the Rabbi

Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?

No Name
(Via E-Mail)

More Articles from Rabbi Meir Orlian
Business-Halacha-logo
Judaism → Halacha & Hashkafa

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

The winter was over, and the days began to get longer and warmer. The sun shone brightly in clear skies, grass and flowers were blooming, and the trees were producing layers of green foliage.

Judaism → Halacha & Hashkafa

Pleasantville was a quiet suburban town with large properties and curving roads that wound around them. Mr. Feder lived just behind the local shul. Since the road wound around his property, people coming to shul on Shabbos would often take a shortcut through his property to walk to shul. The treaded area of earth marked the place where people made their way weekly. The through traffic did not bother Mr. Feder, as his house was on the other end of the property. He never made a fuss about it, but had never officially sanctioned this public shortcut.

Judaism → Halacha & Hashkafa

Betzalel was a “fix-it” man who enjoyed carpentry as a hobby. He did many home improvements himself, which he found both economical and enjoyable. He was now building a swing set for his children, happily sawing, drilling, hammering, and bolting the pieces.

Judaism → Halacha & Hashkafa

For a number of years Mrs. Baum hadn’t worked but instead stayed home watching her young children. As their youngest child approached pre-school age, she decided to enter the work force again. Half a year before she planned to return to work, she began sending out resumes, networking and speaking with potential contacts.

Judaism → Halacha & Hashkafa

“Tonight is Bernie’s birthday,” Jeremy said to his friend, Adam. “We’re planning a surprise birthday party for him. Would you like to join?”

Judaism → Halacha & Hashkafa

Congregation Toras Yisrael decided to hold a learning program on Friday morning, Chol Hamoed Pesach. Two weeks before Pesach, the gabbai in charge of the program discussed possible guest speakers with the shul rabbi, Rabbi Brick.

Judaism → Halacha & Hashkafa

Mr. Lazer ran a successful restaurant. He employed close to twenty people: a chef, cooks and a baker; waiters and waitresses; supply and maintenance personnel; and two cashiers. At the end-of-year accounting, something seemed amiss. There was a small but noticeable discrepancy in the cash receipts of his enterprise. In the following semi-annual account, a similar discrepancy was noted.

    Latest Poll

    Which is the most beautiful location in Jerusalem?









    View Results

    Loading ... Loading ...

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

Scan this QR code to visit this page online:

Related posts:

  1. Dishonest Discount
Close