Parshas Vayera 5786
- Torah Tavlin
- 22 hours ago
- 2 min read
Monetary, Interpersonal Laws and Din Torah (52)
Question: Reuven borrowed or rented a car from Shimon, and a slight accident occurred leaving only a small scratch. Does he have to tell the owner? The same question can be posed about someone who drove past another car and caused such a scratch.
Answer: Basic halacha evaluates damage using two main approaches: 1) Reduction in market value, as per the Mishnaic language regarding damage compensation, whether for an animal eating crops in another’s field (1), or for injuring a person where he cannot work (2). 2) The cost of repair. These two measures can differ, and sometimes both apply. For example, a car might be repaired for $1000, yet its resale value may still drop due to its accident history. In the case of a minor scratch, if the owner would not bother fixing it and the car’s market value remains unchanged, Reuven is not obligated to inform or compensate Shimon. This applies whether the car was borrowed, rented, or simply scratched in passing. However, if the scratch is significant enough that the owner would repair it, or if it affects the car’s resale value, Reuven is obligated to pay. Additionally, if there was a verbal or written agreement requiring the borrower to report any such change in the car, Reuven must honor that agreement. In such cases, a Bais Din or Dayan should be consulted to determine compensation (3).
Question: Reuven damaged Shimon’s guitar by making a hole. The repair cost two hundred dollars to restore it to working condition, but the resale value has now also dropped because it is now a “repaired guitar.” Does he have to pay for both?
Answer: This depends on the discussion in the previous paragraph and it seems from the Poskim that he would have to pay for both (4). If they require a professional estimate to determine if it is worth fixing, would the damager have to pay for that? At first glance, he does have to pay for it to know how to properly pay for the damage he did. If there are many repair shops with different prices, how do we proceed? Do we go after the price in the location of the accident, the victim, or the damager? These questions should be decided by a Rav or Dayan.
(1) בבא קמא נה: (2) שם:פח: (3) עיין ש"ך חו"מ צה:יח, חזון איש ב"ק ו:ג, משפט המזיק (ר' דוד בריזל) א:לב (4) מוסבר במשפט המזיק שם, עמ' תק"ס