Questions tagged [torts-damages]

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15
votes
3answers
806 views

Are parents responsible if their children damage in a store?

If a parent brings a child (defined as under 13 for a boy and under 12 for a girl) into a store, and that child damages an item, is the parent responsible to pay? Would it matter if the child simply ...
12
votes
1answer
357 views

Are you culpable for things done under hypnosis?

The other question regarding the halachos of hypnosis only discusses doing it/having it done to you. I would like to know if someone who is already hypnotized (either intentionally or not) is culpable ...
11
votes
2answers
996 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 ...
11
votes
3answers
574 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 ...
11
votes
2answers
380 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 says ...
10
votes
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) ...
10
votes
1answer
182 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 ...
9
votes
1answer
257 views

Do we account for Sentimental Value?

Suppose Reuven steals a rare picture of Shimon's great grandfather from Shimon. Reuven then disposes of the picture and later wants to (or is caught, and therefore needs to) return the money to Shimon....
9
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1answer
105 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 ...
9
votes
1answer
380 views

When should one hide her mezuzot?

In light of recent events wherein vandals began burning mezuzot found on the doorways outside of people's houses, I am wondering if there is ever a reason to remove mezuzot to prevent their ...
8
votes
1answer
439 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 ...
8
votes
1answer
222 views

Product liability in halacha

What does Judaism say about product liability? That is, if I sell someone a product and — because it was manufactured poorly or not as advertised — the purchaser sustains damage, to what ...
8
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3answers
352 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 ...
8
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4answers
501 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 ...
8
votes
2answers
249 views

Do you have to pay if you damage someone in order to stop them from sinning?

There is a story in Brachos where R' Ada bar Ahava ripped a Karbalta (a red non-tznius garment) off a woman, and then discovered that she was not Jewish. He then was fined for that act 400 zuz. He ...
8
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2answers
135 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?
8
votes
1answer
131 views

"A life for a life": execution or reparations

The Torah states (Ex. 21:23) that if two people are fighting and accidentally kill an innocent bystander (such as a woman), "you shall give a life for a life." The Gemara (Sanhedrin 79a-b) records a ...
8
votes
1answer
391 views

What's the practical difference of what Maveh means?

In the gemara in Bava Kama on Daf 3b there is a discussion about what the word Maveh (מבעה) in the Mishnah [on 2a] means. The gemara brings a dispute: Rav holds that Maveh means "man" (i.e. ...
8
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0answers
94 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 ...
7
votes
2answers
394 views

Stealing from or causing damage to a third party to save life or limb

Suppose Fred is in danger of death or injury, and the most direct way to avoid that fate involves stealing or damaging property belonging to Ernie, an uninvolved person. Examples: Fred is being ...
7
votes
1answer
229 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
votes
1answer
363 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 ...
7
votes
1answer
113 views

Boshes damages for a מלבין פני חברו ברבים

Asked by my kid (albeit less fleshed-out than the way I'm presenting it here): One should rather submit himself to be burned alive than cause another to blanch in shame in public, according to Sota ...
6
votes
1answer
227 views

Causing injury while playing a sport

Suppose one Jew accidentally injurs another Jew while playing a contact sport such as football. Is the injured party entitled damages as compensation for the injury, or does the participation in an ...
6
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0answers
148 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 ...
6
votes
1answer
85 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 ...
6
votes
1answer
95 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 ...
5
votes
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
votes
1answer
953 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?
5
votes
3answers
282 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 ...
5
votes
1answer
276 views

Car falls into my ditch- I'm not responsible?

Halacha dictates that if someone were to dig a huge hole in the middle of the street and a car fell into it, he would not be responsible to pay for the damage to the car. The language of the Talmud ...
5
votes
4answers
141 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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3answers
121 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
votes
2answers
212 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)....
5
votes
1answer
500 views

May a Jew be a professional boxer?

Are there any halachic problems with a Jew being a professional boxer?
5
votes
1answer
72 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 ...
5
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1answer
90 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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3answers
128 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 ...
5
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2answers
135 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
votes
1answer
87 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
votes
1answer
81 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. ...
5
votes
1answer
52 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 ...
5
votes
1answer
175 views

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 ...
5
votes
1answer
243 views

What damages are owed if you break something that had some damage already, but partial repair isn't possible?

This morning as I was driving to work I contemplated the aggressive tailgater behind me. My car's rear bumper has some paint dings from anonymous parking-lot damage that I never repaired (I deemed it ...
5
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0answers
90 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 ...
5
votes
1answer
183 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 ...
5
votes
0answers
78 views

responsibility for passing on a virus (medical)

Would one be obligated to pay any of the five types of damages paid upon wounding someone, if they were to infect that someone with a viral/bacterial disease, whether through: Peshia (negligence)? ...
5
votes
1answer
111 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?...
4
votes
3answers
225 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 ...
4
votes
2answers
92 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 ...