16
Humans are liable for damages caused while sleeping (Mishna Bava Kamma 2:6) unless they went to sleep far from things to be damaged and someone else placed something to be damaged near them (Yerushalmi ibid.).
As the Rambam puts it (Mazik 1:11):
אדם מועד לעולם בין שוגג בין מזיד בין ער בין ישן בין שכור אם חבל בחבירו או הזיק ממון חבירו משלם מן היפה שבנכסיו. ...
12
Shulchan Aruch, Choshen Mishpat 421:5 says (in my own translation):
Two who wrestled together, and one knocked the other to the ground so that he fell and got blinded, he's not liable.
The S'ma explains:
The reason for this is: Since they both wrestled willingly, each intending to knock down his fellow, and each knowing that it's impossible to be precise ...
10
A Driver’s Liability in Halacha and Civil Law deals with the issue of automobile liability in modern times. Over and above the concept of Adam Muad Leolam. This means that even if halacha were to say patur in a particular case, the fact that a person gets a drivers license and insurance, means that he is voluntarily subjecting himself to the secular law of ...
9
The Talmud in Bava Kama 91a talks about inducing panic in someone -- "our courts can't charge the person, but Heaven will take him to task." I would assume the same would apply here, at first glance. (I'm not well-read on the halachic literature on the subject.)
The classical examples of charging for embarrassment involve physical actions such as spitting ...
9
It would seem from the Rambam (Hil. Geneivah 3:12) that she bears the debt until she can afford to pay it off:
הָאִישׁ נִמְכָּר בִּגְנֵבָתוֹ אֲבָל לֹא הָאִשָּׁה. וְדָבָר זֶה מִפִּי הַקַּבָּלָה. וְאֵין הַגַּנָּב נִמְכָּר אֶלָּא בְּקֶרֶן אֲבָל בְּכֶפֶל אוֹ בְּתַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה אֵינוֹ נִמְכָּר אֶלָּא הֲרֵי זֶה עָלָיו חוֹב עַד שֶׁיַּעֲשִׁיר:
...
9
According to the Rabbi answering same question this site, if there are no specifications in the rental agreement then it depends:
If the house is uninhabitable due to the roaches, then the landlord has to pay.
If it's merely inconvenient then the tenant has to pay.
As to where to draw the line, he answers that if the infestation is so bad that a normal ...
7
Point number one, you are invading his privacy for which the cheirem of Rabbeinu Gershom would apparently apply. This article discusses similar modern inventions as far as this cheirem goes. http://www.torah.org/advanced/business-halacha/5757/vol2no17.html
Second, while it seems the damage done by hacking is not 'real' in the sense that no property was ...
7
In terms of actual damages the general discussion of this concept is around Grama and Garmi. A person is always responsible for their direct actions (except in an Ones - when forced). However, if the damage is indirectly related, then they are not, as a matter of Beis Din (G-d still holds you responsible). This is a disagreement between Rabbi Meir and the ...
7
No. One who borrows an item without permission from the owner is conidered a gazlan (שואל שלא מדעת גזלן), and like all cases of stealing, must return the item (והשיב את הגזילה אשר גזל). He is not required to purchase the item or to pay for the usage. If any damage was caused, however, he must pay the full value of the product, not just the amount the item ...
7
Indeed, the classic Jewish understanding of this verse is that "Yatza [Yasa] Yeladeha" means the incitement of a miscarriage, which is only liable to a fine, not the death penalty.
This is evident from the Talmud in Kesubos 29b, that learns from this verse, the concept of "Kim Lei Bederaba Minei" - when a person is faced which multiple punishments for a ...
7
Rambam Hilchos Chovel U'Mazik 4:16
בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁחָבְלוּ בָּהּ אֲחֵרִים. אֲבָל הַבַּעַל שֶׁחָבַל בְּאִשְׁתּוֹ חַיָּב לְשַׁלֵּם לָהּ מִיָּד כָּל הַנֵּזֶק וְכָל הַבּשֶׁת וְהַצַּעַר וְהַכּל שֶׁלָּהּ וְאֵין לַבַּעַל בָּהֶן פֵּרוֹת. וְאִם רָצְתָה לִתֵּן הַדָּמִים לְאַחֵר נוֹתֶנֶת. וְכָזֶה הוֹרוּ הַגְּאוֹנִים. וְהַבַּעַל מְרַפֵּא אוֹתָהּ ...
6
If a golem or an ox is intentionally made from scratch by a man via Sefer Yetzira, then for damages incurred he would be Chayav (liable) on par with one that makes a fire which causes damage. The Gemora in Bovo Kama 22a says:
אשו משום חציו
The damages from his fire is liable under the category of his arrows thrown/launched which are human inflicted ...
6
Someone who damages someone else in the body has to pay for 5 things:
1) נזק - monetary loss. This is evaluated by the loss of value of the person damaged as a slave in the market due to the deformity.
2) צער - pain. This is evaluated as what would a person pay to avoid this. So if a government decreed that this had to be done to him, and he could pay to ...
6
A very relevant passage is Nidda (47a) which relates that Sh'muel, examined the body of his slave, to better understand the maturity process and at which point bagrut is achieved. He then paid her 400 zuz to compensate her for the indignity. He explained that the Torah allows one to work a slave; not to embarrass her.
It seems that compensation was ...
6
Even before the Gemara, the Mishna on Bava Kamma 83b makes it clear :
One who injures another becomes liable for five things: damages,
pain, medical expenses, incapacitation, and mental anguish.
-Damages: If he put out his eye, cut off his arm or broke his leg, the injured person is considered as if he were a slave being sold in
the market ...
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 ...
5
This passage speaks of a case where men fighting negligently [due to their cations this is not considered an accident] caused a woman to have a miscarriage.
Despite the death of the baby, the punishment is a fine, rather than a punishment for killing.
They would be liable for additional damages if the woman was hurt. If the baby was born and lived but was ...
5
R. Asher Weiss addresses this question in his responsa Minchat Asher (siman 111, p. 378). Here is my paraphrase:
A person may have an item which is worth a great deal to him for
sentimental reasons, such as an object that he inherited from his
ancestors, or a picture of his parents or a family album, even though
these items have no value on the market, they ...
5
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 is ...
5
The Gemara on Bava Kama 83b:
אמאי (שמות כא, כד) עין תחת עין אמר רחמנא אימא עין ממש לא סלקא דעתך דתניא יכול סימא את עינו מסמא את עינו קטע את ידו מקטע את ידו שיבר את רגלו משבר את רגלו ת"ל (ויקרא כד, כא) מכה אדם ומכה בהמה מה מכה בהמה לתשלומין אף מכה אדם לתשלומין
(My translation with help from steinzaltz): Why (does it say) “An eye for an eye”? The Torah ...
4
Aside from the fact that most prize fights are on Friday or Saturday night (often before Shabbos is out), I'm not sure there is a problem. Chabad apparently doesn't think so as they have heavily promoted one of their own, welterweight fighter Dmitriy Salita (35-1-1), since he became frum and turned pro 12 years ago. (He's fighting former champion Hector ...
4
When is one absolved from paying in event of another punishment? Hope this setup makes it easy. This is a summary of אלו נערות Kesubos chapter 3 for those doing Daf Hayomi.
These two punishments have to be incurred simultaneously e.g launching an arrow 4 amos (cubits) on Shabbos in the reshus harabim (public domain) and tearing clothes on its path (Kesubos ...
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, ...
4
While hezek re'iyah is clearly an established halachic concept, they don't seem to explicate what's included in such a violation. In Bava Basra, they discuss what one may or may not do in building a house due to hezek re'iyah, and it seems that beis din may force a person to rebuild in order to fix any existing privacy violations.
There's also a story in ...
4
Rav Ovadia Yosef (יביע אומר חלק ט חושן משפט ה) wrote about the liability of a driver who fell asleep behind the wheel and caused serious injuries to the passengers.
He invokes the Talmudic concept of techila'so b'p'shiah v'sofo b'ones that a person whose negligence brought on a situation where the damage was beyond his control is still liable. Similarly, ...
4
A Kohen would be liable to pay for intentionaly invalidating any Sacrifice whether Neder(voluntary sacrifice that must be replaced) or Nedavah(voluntary sacrifice that does'nt need to be replaced) or chovah(obligatory Sacrifice) even though there is no visible damage.
The Tashbeitz (14th century) Chelek Gimmel 82 gives a good summary
of what the Halacha is ...
4
First for Avot and Berachot, see Rabenu Yona on Avot 1.1/
ארז”ל (ב"ק ל.) האי מאן דבעי' למהוי חסידא לקיים מילי דאבות ואמרי לה מילי דנזיקין ומפני שאדם משיג אל מעלת החסידות בעשותו אחת מאלה הדברים שמוה בסדר נזיקין. ואע"פ שגם כן אמרו לקיים מילי דברכות והוא מסדר זרעים מפני שמדברת מברכות הזרעים והפירות שמוה בסדר ההוא (אמר המעתיק עיין במדרש שמואל מה שכתב ...
3
I found a nice essay on Hachnassat Orchim that mentions the following:
If a loss or any damage will result from hosting a particular guest
one would not be obligated to host him [Orech Maisharim 17-2].
3
Tosafos (Bava M'tzi'a' 99b, s.v. פרט למזיק) indicate that the exegetical basis for the teaching found in the mishna (Bava Kama 9b, נכסים שאין בהן מעילה) and the Y'rushalmi (Gitin 5:1, דתני רבי חייה נזקין להדיוט ואין נזקין לגבוה) that אדם is not liable for damages to הקדש is found in Chagiga (10b, מעילה דילפא חטא חטא מתרומה), where a גזרה שווה is made between ...
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