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5

I googled and found this exact application of these rules in the Business Halacha Institute's newsletter for Shoftim 5773. First, they indicate that the first principle you quote from 412:1, which they cite the Gemara in Bava Kama 27b for, does not apply here, since: The rationale is that people are not expected to be extra careful while they are in ...


4

Nailed it. This is the last question in Rabbi Dovid Lichtenstein's Headlines: Halachic Debates of Current Events. (This entire discussion is summarized from pages 449-462 from that book.) The first angle he approaches the question from is the Mazik of Eish. As recorded in the first several blatt of Bava Kamma, each Av of Nezek has its own characteristic, ...


3

Rambam (based on Kiddushin 25a) writes (Avadim 5:4 (English)): כיצד בראשי אברים: המכה את עבדו בכוונה, וחיסרו אחד מעשרים וארבעה אברים שאינן חוזרין--יצא לחירות, וצריך גט שיחרור. אם כן למה לא נאמר בתורה אלא "שן" (שמות כא,כז) ו"עין" (שמות כא,כו), לדון מהן: מה שן ועין, מומין שבגלוי ואינן חוזרין--אף כל מום שבגלוי שאינו חוזר, יצא העבד בו לחירות.‏ How ...


2

It would seem from the Shulchan Aruch in Choshen Mishpat סימן שעח - אסור להזיק ממון חברו that one is responsible for all damage caused in the public domain, even unintentionally. א: אָסוּר לְהַזִּיק מָמוֹן חֲבֵרוֹ. וְאִם הִזִּיקוֹ, אַף עַל פִּי שֶׁאֵינוֹ נֶהֱנֶה, חַיָּב לְשַׁלֵּם נֶזֶק שָׁלֵם,‏ בֵּין שֶׁהָיָה שׁוֹגֵג בֵּין שֶׁהָיָה אָנוּס. ‏ ...


2

I spoke to a friend who has sat as a dayan on many cases, in many different courts, and he told me that he is unaware of any hard and fast rule for such a thing, but that the general practice of beis din is to only deal with a case as it is brought, and only between one prosecutor and one defendant. In this situation, the prosecutor would have to sue both of ...


1

The Tora is interpreted by 13 midot, as Taught Rabbi Yishmael. One of the 13 is: Klal Uprat Uklal. Here, you have a typical example See Kiddushin 24b. 13 Midot are not a technical-formal method of lecture, but a way to understan the language of the Torah. Torah preferred to teach principles, to give a significate to the rule. Chachamim are alway seeking for ...


1

The injured party could only be fobbed off by the shop owner to the door manufacturer if while the door is installed in the shop always it has a shem mazik. E.g., if you installed a recognizably dangerous device in your shop and someone was nizak on the device you could point out that seeing as you did not create the shem mazik and the shopper entered your ...


1

I didn't see anyone addressing this explicitly, but it seems to me from the subject matter there would be no monetary compensation for a damage to the fetus which does not result in the termination of the pregnancy. See Bava Kama 49a with Rashi. When the mishna said the value of the fetus, that encapsulated the monetary benefit (to the woman) of the fetus. ...


1

The basic cause of having to pay for damage caused by your property is if you were negligent in gaurding it from causing damage (Bava Kama 9b). Since the owner of the gun was not negligent he bears no responsibility for the thief's injury. Further, if the gun now injured someone else the thief would be responsible as he has removed the safegaurds made by ...



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