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Tp All Revision - Coggle Diagram
Tp All Revision
Damages
Poshea
Poshea means Irresponsible or neglegent. It is basically when something happens due to a silly mistake that is totally a persons own fault.
For example, if you leave a gate open and a cow/dog etc gets out. The animal hurts or destroys someone/something, it is your fault and you have to take full responsibility by paying.
Tam/Muad
For example, if you own a fully trained dog and it bites/hurts someone. The situation is Tam as it could of happened but it wasn't likely to happen. for this you would have to pay half as it wasn't expected to happen.
Or if you have a bear as a part of a circus and it is brand new, wild and not tamed. If it attacks someone then it is Muad as it was likely a wild bear would do something like that. You would have to pay for all the damage.
Tam and Muad is a way to rate or explain the likelihood of something happening. Tam means low likelihood and Muad means high likelihood.
Wild animals like lions, panthers, tigers, bears and snakes are all naturally Muad astray are dangerous and wild. Though all animals can be tamed so if tamed they are Tam, the one exception is a snake. it will always be Muad.
Ones
A situation could be that there is a gate, the dog is fenced off from the park at the back of the owners house. One day when the gate is locked a hurricane blows the fence down and the dog escapes. The dog hurts a child and someone needs to pay. It should be half - half because the cause for the incident was Ones.
If any supernatural or unpredictable things happen it is not anyones fault so the bill is split. Examples of Ones situations are sandstorms, hurricanes, tornadoes or tsunamis ( or really bad weather ).
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Private or Public places
Reshut HaRabim is public place and if it happens there, it can determine who pays and who is responsible for a damage.
Reshut HaYachid is a private place and it gives you the right to do things in a private area as it is yours and what ever happens to someone, it is their fault for entering your place.
Bor
You might dig aa pit and then go somewhere else, later someone falls in the pit and hurts their arm. Whatever bills that there are due to the pit is the person who dug the pits responsibility to pay.
A Bor is passive damage, this means that you don't hurt or damage something directly but you drop/do/break/dig something that causes an accident.
If the cause to the damage is intentional they need to pay all but if it is an accident then it is half half.
Intro to TP
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Machloket, Machmir and Meikel
Machmir means strict. For example you might have a strict custom or opinion that you follow - and that could affect having a machloket or not
A machloket has only happened when two or more rabbis have argued on Jewish living or law. Another reason for one is if both rabbis interpret and apply the mitzvah or passim differently because of their custom or their family/teaching traditions that have been passed down.
Meikel means lenient or easy going and that could be a belief or an argument that you agree with but don't strongly believe in it. This is likely to not cause a Machloket as you don't believe in it so much.
A Machloket is a disagreement between the rabbis. This could happen if they either interpret the passim differently or if they have a different way that it can relate to everyday life. Or maybe even how the teachings can be applied to a random situation.
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