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Fellow Weekly - Issue 112
WHAT'S THE LAW ™
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Encouraging intelligent and entertaining debate at your Shabbat table.
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.
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This week's issue is dedicated in recognition of Rabbi and Mrs. Tzvi Zelcer
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Spearheaded by Rabbi Myer J. Schwab, Dean of Bais Yaakov of Denver
THE RAV SHIMON SCHWAB ZT"L
CHOSHEN MISHPAT CHINUCH INITIATIVE FUND
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Case # 215 Football Fury
Growing up in New York City, came along with many benefits and perks; not to forget - football fury in front of school on a barricaded one way street, decorated with double parked cars owned by staff members and block neighbors.
The senior class of 96's amiable rapport with their science teacher, Mr. Rose turned sour once Benny was tackled through his windshield.
Who must pay for the window?
# 216 Snow Slamming
Traveling at reduced speed down I-95, due to the falling wet snow, a car carrier and white Hummer inadvertently swerved into each other's lanes, sideswiping and causing each other significant damage.
How would Torah Law adjudicate this scenario?
What is the law?
Please email us with your comments and answers at weekly@projectfellow.org
Read next week's issue for the answer!
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Case # 214 Smacked
Smacked in the face by Eli's hockey stick, Aaron lost his two front teeth as they both contested for the puck during a Sunday afternoon game. Aside from an embarrassing scene, Aaron needed expensive medical care, dental work and physical therapy. Is Eli liable? If yes, for what?
What's the Law?
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The Answer
We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.
Eli is required to pay for Aaron's medical expenses, dental work, and physical therapy unless there is a preconditioned understanding beyond reasonable doubt between the players to absolve each other for paying for physically damaging one another. As Eli did not intend to harm Aaron, he is exempt from compensating him for his embarrassment. . |
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Detailed Explanation
Smashed! invokes the following five laws.
1. One who faultily physically harms his/her fellow must pay for medical expenses incurred. Medical expenses even include the cost of an altered diet as a result of the incident and certainly physical therapy [Choshen Mishpat 420: 3, 13].
2. Intentional damage requires the aggressor to compensate the victim for the embarrassment suffered as well [Choshen Mishpat 420: 3, Sm"a ibid. 44, Choshen Mishpat 421: 1].
3. Two people walking or running in public property who collide and actively injure each other are liable for the damages they cause [Choshen Mishpat 378: 7, 221: 8 Rema].
4. B is absolved from compensating for damages he/she caused if A requests B to damage his/her property on condition that A will not demand compensation [Choshen Mishpat 380:1]
5. However, such a precondition does not generally work concerning bodily damages. Instead, we assume that the victim did not sincerely mean to pardon his/her attacker from reparations unless circumstances surrounding the victim's preconditioned pardon generate a clear understanding beyond any reasonable doubt as to its sincerity [Choshen Mishpat 221: 12].
Application
Eli and Aaron had permission to swing their hockey sticks. Objectively, however, this alone would not exempt them from damages they actively cause to one another. Damages include medical expenses and physical therapy. Eli can be exempt from damages if it is clear beyond reasonable doubt that the players entered the game absolving each other from physical damage reparations.
Nevertheless, Eli will never need to compensate Aaron for the embarrassment he caused him, as he did not intend to harm him.
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Note:
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
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