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Parshas Bo 5785

Monetary, Interpersonal Laws and Din Torah (24)


Question: Reuven gave Shimon and his young child a ride in his car. Shimon was lazy and did not seat his child safely in the car seat. During the ride, a policeman stopped the car and gave Reuven a ticket for riding with an unbelted child. Must Shimon pay the fine for Reuven because he caused it to happen or not?

Answer: In many countries, the law obligates a driver to ensure his passengers are safely seated before he can drive. Therefore, the whole responsibility is on the driver and he alone has to pay the fine. Even if Reuven told the father to properly seatbelt his child, and he didn’t listen, the obligation is on the driver not to drive in such a situation and the penalty is on him and not the passenger (1). This applies to all adults who are not seatbelted.

Question: If the passenger (Shimon) says, “You drive and if you get caught, I will pay the fine,” is he obligated to pay?

Answer: It would seem that he is. Just like one who tells a driver, “You drive and I will pay for the service” is obligated to pay, because of his oral commitment without a kinyan, similarly one who makes this offer to get the driver to drive is obligated. This is not an asmachta [not a real commitment to penalize oneself] because he is really only paying the commensurate amount of a loss he caused him, which even without the offer to pay, is a grama and obligates him to pay b’dei shamayim.

Question: If Shimon lied and said he properly seated and strapped his child in the back seat, and Reuven believed him and was fined, does the passenger (Shimon) have to pay?

Answer: This would seem to be a grama [indirect possible damage] which cannot be enforced in Beis Din, but Shimon is liable b’dei shamayim and it is advisable for him to pay.

Question: Reuven picked up hitchhikers and squeezed in more than are legally allowed to be in his car. He was stopped by the police who gave him a hefty fine. Do the passengers have to pay?

Answer: The responsibility is on the driver. There’s no difference if he was giving “hitchers” a ride or hired a car service. If the driver refused to drive and they said they will pay the fine, they will have to pay and should divide the payment. If only some agreed or one came at the end and some wanting to help him offered to pay the fine, they should ask a dayan how to divide the payment.


(1) עיין עמק המשפט ב:מב

 

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