Are you about to decide which dayan can have a say and which one not? Are you about to test them?
I did my research I asked dayanim that their pesukim are accepted by many.
I'll refrain from naming the dayanim and going into an argument of "which one knows better"...
BTW there was an article in Business Weekly ( פרשת וישלח) with that sheilah.
I totally am not. Though I said and I will say again, bring me a NAME. Otherwise, since I verified with more than 1 CM Rav that it's Muter, there is no reason I should agree with what you are saying. And BTW I discussed it again today with a different CM Rav and I proposed the
concerns what two of your
Poiskim raised, and all he said was that it would be a Shaileh of Lushen Hurah if I tell him who the rabbi is who said
@ iherman, it's not as simple as you make it sound.
I asked a few C"M Dayanim,
3rd said that the halacha משבר ויוצא is only if there's no other way to remove it without major tircha -what's called major/minor tircha is for a dayan to be considered- including to find out who's car it is and give him notice.
Because it simply goes against a Toisfes in Bava Kamma 28a (it is the second Toisfes on the Daf) He was Dan Lekaf Zachus that the guy probably meant the Halachah that if lets say your driveway is big enough that you could pull out without being Mazik the other guys car then you don't have the right to be Mazik the car. But you guys are all welcome to look up the Toisfes I mentioned above which stats that you don't have to do any Terchah. It is very clear.