Questions tagged [torts-damages]

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5
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1answer
168 views

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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0answers
94 views

Blocked Mailbox in Halacha

Someone lives on a busy street and often people park in a way that makes his mailbox inaccessible. Parking on that street is not illegal. However there is a clear sign at the mailbox that they ignore. ...
2
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0answers
77 views

How does halacha treat “psychological damage”? [duplicate]

Is "psychological damage" a notion that is accepted in Jewish law -- that is, the notion that, beyond physical harm, financial cost, loss of income, etc., there is damage to mental health? ...
4
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0answers
66 views

What is the source to forbid Toldos תולדות?

There are times that Torah gives specific "examples" of what is forbidden (e.g. 39 melachos given via a reference to the actions done in the משכן or through other means; Or The Torah ...
5
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3answers
125 views

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 ...
8
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3answers
347 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 ...
3
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1answer
79 views

Injury and killing by a tam ox

Am I right in thinking that, if a tam ox injures someone, they receive some damages (mBava Kamma 4:1 and bBava Kamma 33a), whereas if the tam ox kills someone, they/ their heirs receive no damages ...
2
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1answer
261 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
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3answers
217 views

Why are tractates in Shas apparently out of order?

The Sdarim of the Shas are (in general) by subject. That is, in each Order, there are discussions on a general topic and its ramifications. But in each one of them (I think) there is a tractate that ...
5
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1answer
84 views

A person with an untied shoelace trips who is responsible

Someone asked me (as a Rabbi) this "rhetorical" question: Is someone with an untied shoelace walks in a place where many people walk and someone steps on his shoelace, and he (the person with the ...
5
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3answers
119 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 ...
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0answers
68 views

Fell into a pit and one's artificial organs were damaged — consequences?

That's something I've studied many years ago - laws of damages by a pit. IIRC in one falls into a pit (בור) the owner pays only body damages but not broken tools. What artificial limbs/organs qualify ...
6
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1answer
93 views

Was the fact that Moshe broke the Tablets Halachicly stealing from the Jewish people?

Famously when Moshe came down from Sinai the first time and saw the Jews sinning he cast down the tablets of the law given to him by God. My question works on the basic assumption that these tablets ...
0
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1answer
120 views

When to take legal action versus “turning the other cheek”

It is my understanding that "turning the other cheek" is a uniquely Christian concept that is alien to Judaism. It appears that we are encouraged to take (legal) action against those who do us harm ...
6
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0answers
146 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 ...
2
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3answers
316 views

Does an eye for an eye mean monetary compensation? [duplicate]

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 ...
5
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1answer
952 views

Who is responsible for exterminating cockroaches in house - tenant or landlord?

If a rental house is infested with cockroaches, what does the halacha say about who is responsible for hiring an exterminator, the landlord or the tenant?
4
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0answers
47 views

Who's responsible if B puts a “hefker” sign on A's item?

Suppose Aaron leaves something in a public place, where people often leave such things without intending to forfeit them.[1] Baruch then puts a sign on the item indicating that it's forfeit and ...
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0answers
49 views

What is one's liability for intentionally exposing someone to a dangerous virus?

Consider Reuven, who takes an airborne virus (however he got it) and sticks it in Shimon's air vent. As Shimon is continuously exposed to this virus, he becomes progressively sicker. What is Reuven's ...
9
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1answer
104 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 wrong intention can force the person ...
2
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1answer
77 views

What damages does a hurting husband pay to his wife?

If a husband willingly hurts his wife (physically or sexually), which of the 5 parts of damages is he obligated to pay? What does he pay immediately and what is held as a debt until divorced?
3
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3answers
83 views

Why are laws of damages written in the middle of the story of the blasphemer?

In the end of Parshas Emor (Vayikra 24:10-23), the Torah relates the story of someone who blasphemed and his punishment. After the person blasphemes, he is put in a prison while Moshe proceeds to ask ...
10
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1answer
178 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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3answers
275 views

Can a man get 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 ...
10
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1answer
1k views

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
139 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 ...
5
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1answer
86 views

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 ...
5
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1answer
110 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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0answers
28 views

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 ...
5
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2answers
209 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)....
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2answers
214 views

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 ...
2
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1answer
166 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 ...
5
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4answers
138 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: ...
5
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1answer
77 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. ...
1
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1answer
55 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 "...
5
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3answers
279 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 ...
4
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3answers
140 views

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, ...
2
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2answers
137 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
31 views

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
89 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 ...
1
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1answer
38 views

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 ...
2
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2answers
312 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 ...
6
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1answer
82 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
991 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 ...
2
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0answers
89 views

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 ...
2
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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
90 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 ...
5
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3answers
4k views

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 ...
5
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2answers
134 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 ...
8
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1answer
434 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 ...