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 (...
- 100k
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 ...
- 43.4k
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 ...
- 1,213
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. ...
- 34.6k
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 ...
- 44.1k
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 ...
- 10.8k
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 ...
- 12.2k
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 ...
- 35.9k
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 ...
- 11.5k
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 ...
- 23.1k
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, ...
- 4,796
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 ...
- 11.5k
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 ...
- 11k
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 ...
- 15.6k
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
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 ...
- 11.5k
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 ...
- 23k
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 ...
- 23.1k
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 ...
- 1,156
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 ...
- 6,183
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 ...
- 59k
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 ...
- 35.9k
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 ...
- 53.7k
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 ...
- 23k
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 ...
- 23k
3
votes
Why are tractates in Shas apparently out of order?
Rambam in his Introduction to the Mishnah gives an explanation for the order of every Seder and reasons of inclusion of various masechtot.
For example, Brachot in Zraim:
And he divided the material ...
- 26.9k
3
votes
Why are tractates in Shas apparently out of order?
Interestingly R Sherira Gaon was asked a very similar question by the Rabbis of Kairouan (see his Iggeret of R Sherira Gaon): why are the tractates arranged the way they are? What for instance does ...
- 53.7k
3
votes
Injury and killing by a tam ox
Bava Kamma 33a says an ox that injured a human pays half its value in damage:
תָּם בְּאָדָם מְשַׁלֵּם בַּמּוֹתָר חֲצִי נֶזֶק
A tam (innocent ox the first 3 times) Ox that damages a human pays the ...
- 11.5k
3
votes
Can one be exempt from paying for a harm that turned out to be a gain?
It's not exactly the same as your question but Reb Chaim Soloveitchik's "2 stamp question" might offer some insight.
If Reuven has 2 stamps or paintings each worth $1m and then Shimon ...
- 121
3
votes
Accepted
Does the Sanhedrin of 23 have any involvement whatsoever in judging damages? (financial disputes)
Sanhedrin 88b lists another role for courts of 23, namely resolving doubts about halakha. There were apparently local courts of 23 in each city to whom people who had such doubts would address their ...
- 86
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