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I believe this is addressed in Rabbi J David Bleich's article in Tradition, "Liability for Harm Caused by Metaphysical Forces" The Talmud in Bava Kama has plenty of cases where our courts can't punish someone, but Heaven will demand punishment (e.g. various cases of psychological damage); there's also talk about if you render your friend's wine or cow ...


Rabbi Yissachar Shlomo Teichtal (19th-20th century) uses the expression in משנה שכיר.The expression is also used here in this earlier 19th century work. My playing around with search engines suggests that the expression arose in the latter half of the 19th century.

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