4

When the kohen does an avodah shelo l'shma and the baal must bring another, who pays for the second animal?

2

This is a case of היזק שאינו ניכר unnoticeable damages. According to Torah law one is exempt from payment in such cases, but the Sages instituted that one who damages someone else's property in this way on purpose must pay. If it was an accident though then the damager remains exempt from payment. (Gittin 5:4, Rambam Mazik 7:1-4, Shulchan Arukh CM 385:1)

  • "If it was an accident though then the damager remains exempt from payment" so who ends up paying? – aBochur Apr 29 '18 at 14:53
  • @abochur The owner of the damaged item just lost the value and moves on. If he needs to or wants to replace the item he can do so out of his own pocket. The question is just can the owner sue the damager for damages in court, and the answer is yes if and only if the damager damaged intentionally. – Double AA Apr 29 '18 at 14:55
  • "who pays for the second animal?" Your comment answers this perfectly, but it's not as clear from the answer. – aBochur Apr 29 '18 at 14:59
  • "unnoticeable" sounds like the damage won't be noticed because it's too slight but that someone looking carefully or looking for it will see it. IIUC that's not the intent here. That said, I can't think of a better one-word way to say it in English. – msh210 Apr 29 '18 at 16:41
  • 1
    "undetectable", probably – msh210 Apr 29 '18 at 17:17

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