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Questions tagged [torts-damages]

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Does an eye for an eye means monetary compensation?

That's what I've heard it means. So the judges don't really pluck out the other defendants' eyes due to a plaintiff complaints. However, the judge would require the defendant to compensate for the ...
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2answers
76 views

Is there any chance a man can get the death penalty for causing a miscarriage?

According to this article yes: And if men struggle with each other and strike a woman with child so that she has a miscarriage, yet there is no [further] injury, he shall surely be fined as the ...
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1answer
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A female thief is not sold to make restitution — so what happens instead?

The mishna in Sotah 3:8 says, in a list of differences in halacha between men and women: A man is sold for his theft [i.e., to repay it], a woman is not sold for her theft. (Sefaria translation) ...
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2answers
121 views

Using a siddur to Daven from in a seforim store

There are many seforim stores that have a minyan for Mincha in the store. If someone were to use a siddur from the store in order to daven with that minyan in a way that there's no perceived damage on ...
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0answers
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Paying damages for rerouting flood to neighbor's property

Are you obligated to pay for damage done to a neighbor's property if you redirect a river from flooding your property which then hits another house down the street. (i.e. You place sandbags in front ...
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1answer
68 views

Could a Kohen become liable for disqualifying a sacrifice?

I've been studying Masechet Zevachim, and it seems very easy for a sacrifice to become invalid. Even if it doesn't become invalid, it seems that even the slightest mistake can force the person ...
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1answer
99 views

Clarification on the rule “זה נהנה וזה לא חסר”?

The source is in B"K 20. What is meant by "זה נהנה" and what is meant by "זה לא חסר" - is that only direct monetary damage, indirect damage, psychological/spiritual damage, temporal inconvenience etc?...
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Even though “ayn shliach l'dvar aveirah” does the person who sent him also get a punishment?

The Mishnah in Bava Kamma 59a tells us that if Reuven sent a חרש שוטה וקטן (a person who does not understand the repercussions of his actions or under Bar Mitzva) to do a destructive action e.g ...
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1answer
49 views

Is there an “implied” liability for damages caused after something was fixed?

You had a leak under your kitchen sink. You called someone to fix the broken pipe. The person fixes it and makes sure that the pipe no longer leaks. You use the sink "normally" (i.e., you didn't "...
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3answers
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How a father is allowed to cause embarrassment to his underage daughter?

In Ketubot 40b the Gemara says that we see that the father gets his daughters (child) embarrassment and degradation payments from the fact that he can marry off his daughter to someone horrible, ...
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3answers
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If אדם מועד לעולם is even by oness gamur , Why is a katan (minor ) not liable for damages.?

The Ramban (Baba Metzia 82b) proves that the rule of Adam muad L'olam bein B'oness bein b'ratzon (sanhedrin 72a), [freely translated: A human is always liable for damages, whether the damage was done ...
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Upon whom lies the obligation to seek out the most reasonably priced repairman for damages done?

If someone damaged someone else's property, and it can be repaired, upon whom lies the obligation to seek out the most reasonably priced repairman, on the person who did the damage, (the מזיק), since ...
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0answers
80 views

Who is responsible for damages caused by a malfunctioning borrowed machine?

Example: I borrow your car and drive it. The brakes on your car fail and I smash the car into someone's gate. Prior to lending the car, the car manufacturer posted a possible defect on their web site ...
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4answers
112 views

Rokeach's remez to ayin tachas ayin meaning mamon

The Torah says (Exodus 21:24) עין תחת עין, an eye for an eye, which is understood to mean ממון, monetary compensation. I saw this remez by the Rokeach (here, result #2) and don't understand it: ...
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1answer
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Explain dispute about damaged rows on Bava Kamma 6b?

I was learning Bava Kamma 6b and am having trouble understanding the machlokes between R' Yismael and R' Akiva. One problem I'm having is at the part of the sugya with Rav Idi bar Avin, he said that ...
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1answer
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Are a shomer sachar and a nosey sachar synonyms?

In a couple areas of Bava Kamma and Bava Metziah I've seen the term נושא שכר listed with a shomer chinam, a socher, and a sho'el. Is the noseh sakhar a synonym for a shomer sachar, or are these ...
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1answer
74 views

Are you responsible for damage your driverless car causes?

Driverless cars are in the process of becoming a reality and it is a matter of time before they are a mainstream product. These car are pre-programmed to make certain decisions in the case of imminent ...
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2answers
252 views

Can leaving an online product or service review be considered a form of damage?

There is considerable research which shows that an online review of a product or service can effect, positively or negatively, on a business. If I buy a product or use a service and then review them ...
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2answers
952 views

Can a bully be forced to pay for psychologist visits?

When Reuven physically damages Shimon, he must pay for, among other things, the physical pain caused by his actions (tza’ar), the embarrassment caused by his actions (boshes), and reimbursement for ...
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0answers
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Hezek re'iyah and dina d'malchusa

Assuming all the necessary local zoning permits were received, can a Jewish institution or individual build a construction (such as a school playground) with a view of private property (e.g., a ...
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2answers
132 views

Does an עירוב turn the area into a רשות היחיד for נזיקין?

As far as I understand it, an עירוב (for carrying on Shabbat) works because it turns the whole area within it into one big רשות היחיד. Now if this is the case, do the laws of רשות היחיד for נזיקין ...
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0answers
49 views

Can I be held responsible for actively destroying my friend's files?

In a case of sending someone a computer virus, there's room to argue that it's indirect, that they damaged themselves by opening the file (albeit unintentionally), etc. What if I go over to your ...
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0answers
84 views

Spam texts to run up a person's bill

Many cell phone plans allot a person a certain number of texts each month and charge for every text over that limit. This is for both texts sent and received. Now, phone calls can be denied, but ...
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3answers
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Is somebody who dozed off behind the wheel liable for damages?

If someone dozed off behind the wheel and caused serious injuries to his passengers, is he liable for the damages? The premise of the question is that perhaps, because he dozed off, the driver is ...
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0answers
27 views

Are professional sports players liable for an opponent's injury? [duplicate]

Shemot 21:18-19 discusses the procedure of payment when one person injures another. Does, say, a professional boxer have to pay his opponent if he injures him during a boxing match? Are the rules ...
5
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1answer
70 views

Is a person liable for murder many years later?

Shemot 21:18-19 described a situation where someone injures someone else and he doesn't die but is bed-ridden. If he walks on his crutches, the person who hit him does not receive the death penalty. ...
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0answers
64 views

reckless endangerment

Is it possible to bring someone to beit din on the charge of reckless endangerment? If so - what is the correct terminology to describe this sort of crime? Let's define reckless endangerment ...
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2answers
85 views

Liability for damage caused by a fallen wall or fence

Who is liable for the damage caused if a person's fence or wall falls into public property? According to Bava Qama 3:2, if a person's fence falls into a public thoroughfare and somebody is harmed, the ...
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2answers
156 views

Range of Five Payments

It is known that if a man strikes another man, the damager must pay "Five Payments" - Nezek (damage), Tza'ar (pain), Ripui (doctors' bills), Sheves (unemployment), and Boshes (embarrassment). (This is ...
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Why does the torah on injured slaves call out eyes and teeth but not other damages?

In Parshat Mishpatim (Sh'mot 21:24-25) the torah tells us that if a man injuries another person he owes compensation: eye for eye, tooth for tooth, hand for hand, foot for foot, and so on (listing ...
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Flint, Michigan: Who would be HALACHICALLY Liable?

As a hypothetical scenario, we assume that the events of the Flint water crisis are taking place in a location where Beis Din and Jewish law are ascendant. Here's a quick summary of the facts: The ...
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3answers
98 views

Damages and two defendants — how would a beit din resolve?

A friend recently sat on a jury in a civil case where there were two defendants in the case of an injured party, each claiming the other was responsible, and the jury had to decide. I'm curious how a ...
5
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2answers
127 views

Must one inform the owner if you damaged and repaired the property?

If you, say, damage the fence of a house, and you repair the damage, are you obligated to inform the owner of the fence of what occurred? Or must you inform your landlord for damages you caused and ...
5
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1answer
48 views

Is there monetary compensation for injuring a fetus?

If someone kills a fetus inside a woman, they have to pay a monetary payment for it (Shemos 21:22). If someone blinds the eye of their fetal slave, the fetus does not thereby gain its freedom (unlike ...
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1answer
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Very small damage to someone else's property

If someone walks past a parked car with a stroller, the stroller got caught on the plastic casing around the number plate and a small piece broke off, is it wrong to walk off? What would halacha say ...
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0answers
78 views

Can you recommend a rabbi or community leader willing to speak about the harm of loud simcha music? [closed]

I recently published an article in the Five Towns Jewish Times that addresses the damage that loud simcha music does to hearing. I have approached a few rabbis in my neighborhood and asked them to ...
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2answers
128 views

What if the thief gets injured by what he has stolen?

A thief stole something which injured him. Is he liable for his own injury? Let's say it was a stolen gun. Would the man who loaded the gun bear any responsibility for the thief's injury?
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0answers
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Someone illegally parked in a disabled parking spot. Is he liable if a disabled person injures himself

Sadly, I read in a local paper, about this incident: Someone illegally parked in a disabled spot at a doctors office. A disabled person arrived for his doctor's appointment, and saw that the only ...
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2answers
343 views

Hitting a double-parked car

So a friend of mine showed me a Shulchan Aruch (C.M. 412:1 and 412:2) the other day (which is based on a gemara in Bava Kama). To paraphrase the relevant points of the original text: In 412:1 it ...
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1answer
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Is a doctor halachically required to inform you about side effects related to the meds that he prescribes you?

Information about a prescribed drug's side effects is usually in an insert of the drug's packaging. Much of the information is not easily understood to an average patient. (OK, I'm a bit "above ...
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1answer
128 views

When do other punishments other than death penalty, exempt one from a fine?

I'm not well-versed in the laws of various punishments and how they interact in the g'mara. I've seen places -- most recently Ketubot 45, today's daf -- where it says that somebody is punished with ...
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1answer
171 views

Computer hacking in halacha

This question regarding legal complexity versus simplicity in modern law got me talking about the relatively simple structure of Jewish tort law. It also had me wondering: What sort of categorization ...
7
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1answer
309 views

How are voyeurs treated in Jewish law?

Given that voyeurism by Jewish figures has been in the news, I'm curious. How does Jewish law traditionally treat voyeurism (if it does at all)? What is the punishment for voyeurism? Note: I am not ...
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1answer
420 views

Does Judaism adjudicate cases involving mental anguish?

If a non-physical act, such as exposure to viewing something which the current medical field would deem traumatizing, is intentionally perpetrated by one person on another, are there any legal ...
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1answer
123 views

What are the parameters of hachnassat orchim?

I have always believed in having a home open to guests, whether for Shabbat, hagim or for their secular needs, involving guests sleeping over. However, recently my guests have inadvertently caused ...
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0answers
111 views

Liability for bed bugs

If one tenant in an apartment brings in bed-bugs (and that can be proven), and they spread throughout the building, and the other tenants have to vacate their apartments to be fumigated, or whatever ...
5
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1answer
59 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 ...
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3answers
485 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 ...
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4answers
379 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 ...
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257 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 ...