16 votes

Is somebody who dozed off behind the wheel liable for damages?

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 (...
Double AA's user avatar
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10 votes

Is somebody who dozed off behind the wheel liable for damages?

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 ...
sabbahillel's user avatar
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10 votes
Accepted

Can a man get death penalty for causing a miscarriage?

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 ...
Silver's user avatar
  • 1,203
9 votes

A female thief is not sold to make restitution -- so what happens instead?

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. ...
DonielF's user avatar
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9 votes

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

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 ...
Danny Schoemann's user avatar
8 votes
Accepted

Using a siddur to Daven from in a seforim store

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 ...
chortkov2's user avatar
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7 votes
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What damages does a hurting husband pay to his wife?

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 ...
alicht's user avatar
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6 votes

Can a bully be forced to pay for psychologist visits?

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 ...
mevaqesh's user avatar
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6 votes

sefer Yetzirah ox goring,or Golem damages

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 ...
user15464's user avatar
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6 votes

Does an eye for an eye mean monetary compensation?

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 ...
Maurice Mizrahi's user avatar
5 votes
Accepted

Why does the torah on injured slaves call out eyes and teeth but not other damages?

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 ...
Double AA's user avatar
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5 votes

Does an eye for an eye mean monetary compensation?

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, ...
Lo ani's user avatar
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4 votes
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When do other punishments other than death penalty, exempt one from a fine?

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 ...
user15464's user avatar
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4 votes

A computer file that I emailed you has a virus. Am I responsible?

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 ...
DonielF's user avatar
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4 votes
Accepted

Range of Five Payments

The Mishnah (Babba Kama 90a) gives examples of shaming people and the various fines owed for each offense. The Mishnah on 92a, then goes on to say: "..even though he paid the fine, he is not forgiven ...
David Kenner's user avatar
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4 votes

Can a bully be forced to pay for psychologist visits?

The halacha in C.M. 420'32' states that a person who scares and alarms his friend who in turn is damaged emotionally is not liable in beit din as the Gemara in Baba Kama 91'a' explains that it was he ...
Avraham Yakov Silverstein's user avatar
4 votes
Accepted

Is somebody who dozed off behind the wheel liable for damages?

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 ...
Shoel U'Meishiv's user avatar
4 votes

Could a Kohen become liable for disqualifying a sacrifice?

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 ...
user15464's user avatar
  • 11.4k
4 votes

Why are tractates in Shas apparently out of order?

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 ...
kouty's user avatar
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4 votes

Can damages be claimed for a very loud noise?

The Mishnah says: If a resident wants to open a store in his courtyard, his neighbor can protest to prevent him from doing so and say to him: I am unable to sleep due to the sound of people entering ...
Maurice Mizrahi's user avatar
4 votes

What kind of damage is a Parrot speaking Loshen Hara?

Even a human does not pay anything for lashon hara, it is not one of the 5 damages one pay because it is grama. Source: 2:7 משנה תורה, הלכות חובל ומזיק הַמַּבְעִית חֲבֵרוֹ אַף עַל פִּי שֶׁחָלָה מִן ...
EzrielS's user avatar
  • 1,156
3 votes

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

It appears that this would be considered a gerama (form of indirect damage), for which one would be exempt from payment. Indeed, The Terumat Hadeshen (307) implies that even when one lies and directly ...
mevaqesh's user avatar
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3 votes
Accepted

Hezek re'iyah and dina d'malchusa

Hezek re'iyah indeed includes laws preventing one neighbor from adding to his house in a way that it now allows him to view his neighbor's property. The classical case is to prevent a neighbor from ...
mbloch's user avatar
  • 51.1k
3 votes

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

The basic cause of having to pay for damage caused by your property is if you were negligent in gaurding it from causing damage (Bava Kama 9b). Since the owner of the gun was not negligent he bears ...
pcoz's user avatar
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3 votes
Accepted

Liability for damage caused by a fallen wall or fence

In the Mishna of BK, Ykar TYT said that the fall of the wall was unpredictable and the debris were in public domain, he did not make them Hefker and had time enough to clear the place and did not ...
kouty's user avatar
  • 22.7k
3 votes

Why does the torah on injured slaves call out eyes and teeth but not other damages?

The Tora is interpreted by hermeneutic rules,one of them is Ribuy Umyut. Here, you have a typical example. See Kiddushin 24b. 13 Midot are not a technical-formal method of lecture, but a way to ...
kouty's user avatar
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3 votes
Accepted

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

I spoke to a friend who has sat as a dayan on many cases, in many different courts, and he told me that he is unaware of any hard and fast rule for such a thing, but that the general practice of beis ...
Y     e     z's user avatar
3 votes

Rokeach's remez to ayin tachas ayin meaning mamon

My own admittedly creative theory: עקימת שפתיים הויא מעשה - the moving of the lips is considered an act (Bava Metzia 90b). Therefore, this verse not requiring the moving of the lips is meant to ...
Y     e     z's user avatar
3 votes

How a father is allowed to cause embarrassment to his underage daughter?

The Chasam Sofer answers your question. He says, based on the mishna 78a, that if she were married off to some horrible person, she can have Beis Din force the husband to divorce her immediately. In ...
פרי זהב's user avatar
3 votes

Can a man get death penalty for causing a miscarriage?

Sanhedrin 57b: אשכח ר' יעקב בר אחא דהוה כתיב בספר אגדתא דבי רב בן נח נהרג ... משום רבי ישמעאל אמרו אף על העוברין מנהני מילי אמר רב יהודה דאמר קרא ... משום רבי ישמעאל אמרו אף על העוברין מאי טעמיה ...
kouty's user avatar
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