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Torah & Horaah — Tazria 5784

Выпуск: Torah & Horaah — Tazria 5784. Темы: не определены автоматически. The Institute for Dayanim And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Tazria 5784 283  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Liability for Damages Perpetrated in Revenge for a Beating Question Recently, as I was driving, I passed a car in a perfectly legal manner. Answer In our answer, we accept your description of excess damage that he did." This means that your actions and assume that you did nothing we judge each person as if he is the only one wrong and your assailant initiated his attack who damaged, and each is liable in full for the on you entirely without a just cause. each other, is a Mishna (BK 33A) that states, The Rosh (BK 3, 13) limits the Mishna's ruling "If two people fight with each other, the one to damages that were not in self-defense, who damaged more must pay in full for the since one is allowed to damage in order to 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org defend oneself and thus, he is not liable for after A clearly ceased hitting him and B was such damages. Before citing the sources, it However, if A started attacking B, B is not is important to recall that it is forbidden to liable at all for the damages that he caused to cause a non-Jew to cause a loss to another A, and A must pay in full for all of the damage Jew and one who causes a gentile to become that he did to B. The Maharam cites an edict that the Rosh only means that B is liable if (takono) of the communities in Medieval he damaged after he calmed down but if he Germany that a victim of a beating who in damaged while his "heart was hot" (cham his anguish turned to the gentile authorities libo) he is not liable for the damage that he does not have the status of a moseir since he did. They He adds, in a ruling that is pertinent to your maintain that based on the Rosh, the only situation, that to decide how much to pay case where B is exonerated from damages is we must take into consideration all of the where B began hitting A while A was hitting five components of liability that apply when him, since then B's action is viewed as an act one wounds another person: permanent of self-defense. In a third responsum (Mordechai BK 196) Even though contemporary botei din, since the Maharam ruled t

Издание

Torah & Horaah

Дата

12 апреля 2024 г.

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4