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4
votes
1answer
41 views

Source for exemption of hekdesh by nizkei adam

What is the source of the פטור (exemption) of הקדש by נזקי אדם (damage to property done by a person)? Tosfos on Bava Kama 7a (continued from 6b sv שור רעהו; on 7a, beginning of narrow lines) teaches ...
8
votes
2answers
215 views

A computer file that I emailed you has a virus. Am I responsible?

My rav frequently discusses contemporary halachic questions. He quotes a general rule from the Gemarrah (I assume it's from Baba Kama or one of the "Baba's") that a person who causes damages is always ...
7
votes
4answers
166 views

The difference between שור and פר

In Mishpatim (and perhaps elsewhere), the Tora refers to an animal incurring or causing damage, and calls it a shor, שור, commonly translated ox. In Pin'chas (and Achare and perhaps elsewhere), the ...
2
votes
1answer
87 views

sefer Yetzirah ox goring,or Golem damages

If an ox made from sefer Yetzirah gored a regular ox, or vice versa, or if a golem hit someone is there any Torah obligation to pay for damages that was inflicted? I used the classic example of ...
-1
votes
1answer
82 views

Is there any record of spousal abuse in the written or oral tradition?

Is there any example of physical spousal abuse anywhere in tanach or shas?
1
vote
1answer
123 views

Circumcision liability

A story was recently publicized about a Mohel who botched up a circumcision by cutting of more than he was supposed to, requiring six hours of surgery, numerous blood transfusions, a two month ...
4
votes
0answers
45 views

responsibility for passing on a virus (medical)

Would one be obligated to pay any of the five types of damages paid upon wounding someone, if they were to infect that someone with a viral/bacterial disease, whether through: Peshia (negligence)? ...
7
votes
1answer
81 views

Do we account for Sentimental Value?

Suppose Reuven steals a rare picture of Shimon's great grandfather from Shimon. Reuven then disposes of the picture and later wants to (or is caught, and therefore needs to) return the money to ...
4
votes
1answer
86 views

What damages are owed if you break something that had some damage already, but partial repair isn't possible?

This morning as I was driving to work I contemplated the aggressive tailgater behind me. My car's rear bumper has some paint dings from anonymous parking-lot damage that I never repaired (I deemed it ...
8
votes
1answer
116 views

When should one hide her mezuzot?

In light of recent events wherein vandals began burning mezuzot found on the doorways outside of people's houses, I am wondering if there is ever a reason to remove mezuzot to prevent their ...
4
votes
1answer
158 views

May a Jew be a professional boxer?

Are there any halachic problems with a Jew being a professional boxer?
4
votes
1answer
124 views

A tree which falls and damages

If one has a tree in their property/yard, (or similarly a tree within a jointly owned courtyard) and it falls into a public area [due to heavy winds] and damages... Is the owner of the tree liable in ...
0
votes
1answer
96 views

The application of “harm” in Shemot (Exodus) 21:22

Shemot (Exodus) 21:22: And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow, he shall be surely fined, according as the woman's husband shall ...
4
votes
1answer
113 views

Who is responsible for damage to something that was used at the owner's request?

Suppose you ask someone to use something that belongs to you, so that you can benefit from their use of it. For example, you (voluntarily) give a camera to someone you know to take a picture (of ...
4
votes
1answer
106 views

Causing injury while playing a sport

Suppose one Jew accidentally injurs another Jew while playing a contact sport such as football. Is the injured party entitled damages as compensation for the injury, or does the participation in an ...
4
votes
2answers
74 views

Nezikin for Annoyances?

Is there any concept of Nezikin for simple annoyances like in secular nuisance law? What if said annoyances cause difficulty sleeping, studying, or working?
6
votes
2answers
130 views

Do you have to pay if you damage someone in order to stop them from sinning?

There is a story in Brachos where R' Ada bar Ahava ripped a Karbalta (a red non-tznius garment) off a woman, and then discovered that she was not Jewish. He then was fined for that act 400 zuz. He ...
9
votes
1answer
197 views

Are you culpable for things done under hypnosis?

The other question regarding the halachos of hypnosis only discusses doing it/having it done to you. I would like to know if someone who is already hypnotized (either intentionally or not) is culpable ...
8
votes
1answer
95 views

“A life for a life”: execution or reparations

The Torah states (Ex. 21:23) that if two people are fighting and accidentally kill an innocent bystander (such as a woman), "you shall give a life for a life." The Gemara (Sanhedrin 79a-b) records a ...
7
votes
1answer
89 views

Boshes damages for a מלבין פני חברו ברבים

Asked by my kid (albeit less fleshed-out than the way I'm presenting it here): One should rather submit himself to be burned alive than cause another to blanch in shame in public, according to Sota ...
7
votes
1answer
121 views

Product liability in halacha

What does Judaism say about product liability? That is, if I sell someone a product and — because it was manufactured poorly or not as advertised — the purchaser sustains damage, to ...
7
votes
2answers
212 views

Stealing from or causing damage to a third party to save life or limb

Suppose Fred is in danger of death or injury, and the most direct way to avoid that fate involves stealing or damaging property belonging to Ernie, an uninvolved person. Examples: Fred is being ...
7
votes
2answers
191 views

Self-defense (in a case of one's capital, not a capital case)

There is a well known rule that if A is threatening B's life, B may kill A, if necessary, to prevent that. Is there any such rule in non-capital cases? Specifically: If A is threatening B with ...
6
votes
1answer
142 views

What's the practical difference of what Maveh means?

In the gemara in Bava Kama on Daf 3b there is a discussion about what the word Maveh (מבעה) in the Mishnah [on 2a] means. The gemara brings a dispute: Rav holds that Maveh means "man" (i.e. when a man ...
12
votes
3answers
360 views

Are parents responsible if their children damage in a store?

If a parent brings a child (defined as under 13 for a boy and under 12 for a girl) into a store, and that child damages an item, is the parent responsible to pay? Would it matter if the child simply ...
5
votes
1answer
162 views

Car falls into my ditch- I'm not responsible?

Halacha dictates that if someone were to dig a huge hole in the middle of the street and a car fell into it, he would not be responsible to pay for the damage to the car. The language of the Talmud ...
3
votes
1answer
42 views

Do I need to use damage compensation for repairs?

If I get a scratch on a car door and I am compensated, do I have to repair or can I just keep the money and live with the dent or scratch? (This may be a similar question but I am unsure so I made ...
1
vote
2answers
90 views

Scratch on a car: liability if panel was later paid by another

If someone scratches my car door and then later a second person knocks it off completely and the second person has to compensate, is the first person who scratched the door still responsible to pay ...
3
votes
2answers
107 views

Non responsibility for Damages on Purim

Why is one not required to pay if one causes damage on Purim? Does it apply in all situations?