DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 614 KB)
The Extent of Liability for Property Damages

The Shulhan Aruch, in the Hoshen Mishpat section (Siman 378), writes that a person is liable for damages that he causes to somebody else’s property, even if the damage was caused unintentionally. The liability imposed by Halacha is so strict that one is held liable even for damages caused due to circumstances beyond his control. For example, if a person innocently slips while walking in the street, and as a result he falls and breaks something that a fellow pedestrian was carrying, he must compensate that person for the loss incurred. Even though the individual certainly did not want or intend to slip, let alone to break his fellow’s property, Halacha nevertheless holds him responsible for the damages he caused.

The exception to this rule, as the Shulhan Aruch discusses (in 378:3), is a situation that can be described as "an act of God," meaning, an occurrence that could not possibly have been avoided even if all reasonable precautions had been taken. An example of this rare situation is a case of somebody who climbs a ladder after carefully checking to ensure that the rungs were sturdy enough to hold his weight. If he indeed ascertained that the rungs were sufficiently sturdy, then even if a rung breaks, causing the man to fall and damage somebody’s property, he is exempt from liability. Since he diligently inspected the ladder before climbing, and the damage was the result of a freak occurrence that he had no reason to anticipate, he is absolved of responsibility. However, if he did not inspect the ladder before climbing, then he is held liable even though he had assumed that the rungs were sturdy enough to hold his weight.

These Halachot demonstrate the extent to which Halacha requires us to exercise care with regard to other people’s property. We cannot use convenient excuses such as "It was an accident," or "I didn’t mean to break it." Halacha is very sensitive to the respect owed to other people’s property, and is therefore quite strict when it comes to damages that a person causes.

Summary: A person is liable to compensate for damages that he caused to somebody else’s property, even if he caused them unintentionally or due to circumstances beyond his control. The only exception is the rare case when a person took all necessary precautions but a freak accident resulted in his causing damage.

 


Recent Daily Halachot...
Succot- The Walls of the Sukka
Simhat Torah- Is It Permissible For 2 Kohanim or 2 Leviim To Have A Back To Back Aliyah at the Torah
Succot – If the Top Leaf of the Lulav is Split
Succot – If an Etrog Has a Hole or Mark That Can Only be Seen With a Magnifying Glass
Succot – When Precisely to Recite the Beracha Over the Arba Minim
Sukkot – Placing the Arba Minim in Water on Yom Tob; Carrying the Arba Minim Home From the Synagogue; The Custom to Give the Etrog to a Pregnant Woman
Succot- Waving the Lulab
The Hakafot on Simhat Torah
The Importance of Celebrating and Studying Torah During Hol Ha’mo’ed
Sukkot – Using Wooden Sechach Supported by a Metal Frame
Simhat Torah- Sitting During Hakafot; a Mourner’s Participation in Hakafot
Succot- The Mukse Status of the Sukka Decorations
Succot- Is it Permissible to Smell the Hadasim or the Etrog During Succot?
Succot- The Fundamental Required Intention and Concentration When Fulfilling the Misva of Sukka
Halachot for When the First Day of Sukkot Falls on Shabbat
Page of 239
3585 Halachot found