Parshas Chayei Sarah 5787
Monetary, Interpersonal Laws and Din Torah (81)
Adult Paying for Damages When he was a Minor. Last week we discussed the halacha that a minor [katan] under the age of bar/bas mitzvah who caused damage is exempt from paying because a katan is not responsible for his actions. What happens when he grows up? Is there a halachic or moral obligation to pay all or part of the worth of the damage? There are a number of opinions listed and explained in Pischei Choshen (1) .
1) There is a “Heavenly Beis Din” obligation known in Gemara as חייב לצאת ידי שמים. This means that if a person wants to clear one's heavenly slate, he should pay the full amount. In such a case, a Beis Din might suggest (as good advice) to the one who damaged, to pay a half or a third, and the victim should forgo [be mochel] the rest, and thus everyone is well settled.
2) A second opinion holds that there is no monetary obligation at all, yet as an act of repentance [teshuva] he should pay a portion.
3) Others say that he should pay in full as an act of teshuva.
Clarification. This is all by damages, but if one stole an item which is still around, he must return it, or at least notify the victim that it is available and he could come and retrieve it.
One Who Damaged the Item of a Minor. If one damaged the item of a minor [who does own items that someone else gives to him, or buys for him and hands it over], he has to pay in full. However, giving it to the minor who might destroy or lose it is not a responsible form of payment, so he should give it to the parents or guardian to hold for him.
Damage Done by a Married Woman. If a married lady does damage, only she is obligated to pay and not her husband. If she has her own property in which the husband has no rights, then she pays from those funds. If she has no such funds, she does not pay now. The damages remain a debt until she will have such funds which might come to her hand if the marriage terminates or she is given a present in a way that her husband has no rights to them. This is based on the Shulchan Aruch (2). The Aruch Hashulchan (3) adds that in the meantime, she should write a document of indebtedness to the victim for the entire amount.
(1) נזיקין י:קטו (2) חושן משפט תכד:ט (3) שם