Parshas Vayishlach 5786
- Torah Tavlin
- Dec 6
- 2 min read
Monetary, Interpersonal Laws and Din Torah (56)
Question. I damaged someone’s car in a way that I’m obligated to pay. I dutifully paid for my damages in full. The repairs took two days to complete and the victim had to rent a car for that time. Am I obligated to pay for those two days? Even if I’m not obligated to pay according to the basic psak of a Beis Din, am I obligated to pay b’dinei shamayim - according to the heavenly standards, like one who caused an indirect damage [grama]?
Answer: There are two concepts that must be applied here before answering this question (1).
Is a person obligated for the temporary damage of an item, meaning the loss of usage for the extra two days?
Must a person always pay - b’dinei shamayim - for every indirect damage that he caused, such as the rental in our case?
Temporary Damage. The Poskim (2) disagree regarding if one damages another individual’s animal in a way that it is unable to perform or do any work for a number of days. The first opinion is that since the animal will most likely heal soon it is not considered “damaged.” We only say this when one assaults another person [chovel] and there is an independent obligation to pay for his missed work, but not with regard to an animal. The second opinion holds that there is still a small decrease in value for an item that cannot be used right now and at least that amount must be paid (3). It is logical that even the opinion who obligates the damager to pay, would exempt him in this case, since nowadays one who buys a car does not deduct from the sale price for two days of inactivity. Another reason to exempt him is because by the animal there is at least a two-day healing period which makes him “damaged” for two days. However, by the car it takes longer as the repair shop needs to find time in his schedule. This makes the “damage” more indirect. The RMA (4) rules like the first opinion that he doesn’t have to pay and although the Shach is not so sure, he ends up agreeing that the damager is not obligated to pay. The answer to the first question is that you are not obligated to pay. To be Continued.
(1) מיוסד על ספר משפט המזיק, חלק ב' סימן מ"ג, ודבריו של רב פליישמאן שליט"א (2) חו"מ שז:ו (3) עיין שם משפט המזיק ביתר ביאור (4) רמ"א חו"מ ש"ז