Parshas Noach 5787
Monetary, Interpersonal Laws and Din Torah (78)
Laws of Damages. It is forbidden to cause damage to the belongings of another Yid. There are sources in the Torah for this prohibition (1). One is obligated to anticipate what might happen because of his actions and avoid causing even indirect and possible damage. If one did cause direct damage - even if it was unintentional or hard to anticipate - he must pay. There is a level of indirect damage called “grama” where one cannot be forced by Beis Din to pay, but has a “heavenly obligation” to pay. However, if it was a complete “oness” totally beyond the control of the damager (מזיק), or the victim contributed to the damage, he does not have to pay. Many times a Dayan or Beis Din have to be consulted to determine which level fits the case (2).
In the Mazik’s Domain. The above obligation to pay even in hard to anticipate cases, does not apply in the domain of the mazik. So if Reuven parks himself in the domain of Shimon without permission, Shimon has no obligation to be extra careful to avoid damaging Reuven’s items and if he did, he does not have to pay. However, he may not purposely damage them and if he does, then he has to pay (3). Similarly once he does know about the other person’s property in his domain, he must be extra careful not to damage it even unintentionally, such as tripping on it (4). The right thing to do is peacefully contact Reuven, with a Beis Din if necessary, and arrange prompt removal of his items.
Damaging in Public Domain. If Reuven trips in the street (public domain) and falls on top of Shimon and breaks his glasses, Reuven has to pay for them. However, if they collide in the street and the glasses get broken, Reuven is exempt from paying since the movement of the victim also contributed to the damage (5). This applies when both were walking, but if Reuven was running and collided with Shimon who was walking, and broke his glasses, Reuven has to pay, because one has no right to run in a public place (6). On a Friday afternoon, close to sunset, when people typically might run, it is considered like he has permission to run [and everyone including the victim should be extra careful] and the runner is exempt from paying for the broken glasses (7).