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Posted on November 7, 2005 () By Rabbi Dr. Azriel Rosenfeld | Series: | Level:


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67. Injurer and Damager – Chovel u-Mazik

One who injures another must pay for any physical damage, as it says “[And if a man causes a physical defect in his friend it shall be done to him as he did…] an eye in place of an eye…”.1 He must also compensate him for his pain, as it says [“And the man who lies with her shall pay…] because he oppressed her”.2 He must pay for lost income and medical expenses, as it says “[And if men quarrel and a man hits his friend with a stone or fist and he does not die but becomes bedridden…] he shall pay for his idleness and shall heal”.3 If the injury was intentional he must also pay for any embarrassment that was caused, as it says “[If men fight together… and the wife of one comes near to save her husband…] and stretches out her hand and grasps his shameful parts you shall cut off her hand…”.4 It is forbidden to strike or injure anyone, as it says “He shall not continue… to strike him”.5,a

One who damages another’s property must compensate him, as it says “And one who strikes an animal must pay for it”6; he is responsible even for unintentional damage if he is in a place where he has no right to be.b


Sources:

1. Lev. 24:19-20; see Ex. 21:24-25 and Deut. 19:21 a. 1:1-3,7-10; 5:1
2. Deut. 22:29 b. 6:1-3
3. Ex. 21:18-19
4. Deut. 25:11-12
5. Deut. 25:3
6. Lev. 24:18-21