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Summary: Payment For Damage. When And How Much? - Rabbi Yakov Zev Smith
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Summary: Payment For Damage. When And How Much? Rabbi Yakov Zev Smith 18 Cheshvan 5782
Categories:Torah/Gemara
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[Music]
yeah obviously this year is undamaged
you don't have to pay but we're still
having a secret
just uh before we learned today first of
all first and foremost we can't
overestimate this the importance of
being careful not to do damage taisi
says the person has to be careful
as we see today the the payment for
damage is often not enough but that's
so person has to be careful not to
damage but if there's damage it seems
that there are two ways of assessing the
damage either the depreciation which
means how much the the item is worth
less or the the mei tikkun and typically
besner will follow that the maidticon
which often is synonymous with the pr
with the depreciation
but the meticulum is a way of gauging
how much the loss was
the nizik
has to
left with the headache of selling the
broken item a damaged car or a suit and
that's part of the atmosphere that has
to be tried we have to try to avoid but
basically that's
accusative that unlike geneva where the
ghanaf is an avila
hezek somebody's not an avila and that
may see a light then is stuck with the
headache of selling the
remaining item
past this
it seems that the price can assume that
they may tick in but it's not clear that
you have to damask has to be busy with
fixing it that might be the job of the
music as well if someone totals someone
else's car you do not pay the price of
what he paid the original price it's the
value of a
used car
at this type of car minus the the
value of the car itself whatever can be
sold for parts and metal et cetera a
used item is not what the item violin
paid for it the shirt etc it's what the
value is the market value or else the
the value of the person has someone
asked me that's a good point i also had
this problem why when it comes to a card
we look at the set the the amount that
you could sell it for but a shirt you
look only with for the buy them why
don't we why is there a market price but
apparently the market price is what's
the dominant cost that everything else
is when there's no other market price
a stain in a clothing so then you the
cleaners and if there's depreciation you
pay besides the click the cleaning is
also the depreciation the fact that now
it has a slight stain to it
even if there's no market price but if
it has value to the nizik
so that's considered a hazard the
receiver sold it has to be something
that you could sell but that's not what
the price came accepted loved after if
it's sold in the marketplace but it has
to be that has a definite
value albeit just to the nizik there are
different ways of evaluating what the
cost of a used item is but it's
definitely a lot more than the original
price either you look at how many years
he used it or how much he would pay for
it but it's the value of the item as it
was bashasta hezek if the price of the
item changed or the price of the repair
change from the time that the damage
until he's actually paying so basically
we go bus of the halloween
if someone did a small damage then
someone else did a big damage and
totaled the car so the first mazda has
to pay because the khalois was when he
did his damage and then it was a real
here
the person bought an item in america
i've worked there at thrill and of
damaging her to swell you pay the price
of what it's worth in there to throw
because this is the same
if someone got an item for free or got
on a sale or reduced that price
all that is immaterial you pay the value
of the item how do you have to pay the
regular price
if you bought you a damaged item in the
store you pay the retail not the
wholesale cost for the baller bus
if the nizik wants to keep the money and
not repair the item that's his option he
doesn't have to repair it because
basically you have to pay the damage and
him with fixing it or not is not the
business of the magic
a an airstrike that was damaged before
circus you pay the the fair price for
this
quality asterisk
a small dent a small scratch where
there's no depreciation always eden
would be more understanding
and that's part of us
again i'm not saying you have to but
it's definitely
the
toilet to try to overlook things not be
high of someone because they'll they'll
fix it
we try to be movata if there's a hazard
of course they have to pay that's your
issue but something that's no
depreciation could be there's no here at
all but even if there is slight
appreciation but the cost is so
exorbitant it's kadai to overlook it
hopefully there'll be a schooler of a
mother midday service my vienna corps
an island is fully insured in theory
about the reserve to pay because
there isn't that there's no the mazda
has to pay but since you can't
claim insurance and claim from the magic
so then the the standard procedure you
claim from the insurance and domestic
pays a difference in the premium but
that's not a tour because there's an
insurance
a window on a house a wall and a that
doesn't depreciate the actual house but
you pay the the damage for the window
you don't look at the window as part of
a house with the window as a window
if an item cannot be replaced a tile a
part of the floor so then you look at
the appreciation he doesn't have to fix
up the whole floor
tickling is the
if that's more than value of the car the
muscle of the car was worth so little
but the headlights were damaged and if
the car is functional it's kadai to pay
for the headlights because that will
repair the car and then he could drive
it again a torn page of a safe a stain
try to repair it and if there's little
little of a damage if you try to get a
machila but if not if there's no
depreciation that that would be potter
the clouds never leave the scene of a
headache until you know that you're
doing the right thing an item that has a
special price in a fancy hotel or by an
event the cma
so that's its price you can't park them
with the cost price that's the price
one of a
set whether it's a earrings or shoes or
a suit you look at the depreciation of
even the second item because i might say
it's valueless
a broken key
and now the lock is valueless or a
broken lock and you have to get new keys
is all part of the same
aura that it's a set you have to pay
as the whole set was damaged it's not a
hesitation or nikka it's knicker that a
key cannot work to a new lock so that's
a hesitant the key as well sentimental
value is not considered a value that's
different than a teak or a collector's
item or a passport or an album that has
value to one person a sentimental item
is no value it's sentimental and that
depends
of hezek tsar is subjective but not
hezek and as we said a summer damage is
a stamp of two stamps even if the other
one
went up in price that's still a here to
pay because
and value the who day