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 (...
- 95.7k
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 ...
- 42.5k
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 ...
- 1,123
9
votes
Does Judaism adjudicate cases involving mental anguish?
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. (...
- 128k
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. ...
- 33.6k
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 ...
- 42.3k
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 ...
- 7,480
7
votes
Accepted
Computer hacking in halacha
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://...
- 32.8k
7
votes
Accepted
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 ...
- 11.9k
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 ...
- 35.1k
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 ...
- 11.3k
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 ...
- 17.7k
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 ...
- 95.7k
5
votes
Hitting a double-parked car
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 ...
- 47.2k
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, ...
- 2,841
4
votes
Accepted
How are voyeurs treated in Jewish law?
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 ...
- 5,094
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 ...
- 33.6k
4
votes
Accepted
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 ...
- 11.3k
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 ...
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 ...
- 15.2k
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 ...
- 10.6k
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 ...
- 11.3k
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 ...
- 22.4k
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 ...
- 17.7k
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 ...
- 22.4k
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 ...
- 57.7k
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 ...
- 1,954
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 ...
- 22.4k
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 ...
- 35.1k
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 ...
- 57.7k
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