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Ruling: There are five possible elements to be compensated for regarding damage to a person – 1. Nezek – permanent physical damage; 2. Shevet – work missed during recuperation; 3. Ripuy – medical expenses; 4. Tza’ar – pain; 5. Boshet – embarrassment from the damages. When the damage was caused by a person’s animal, only nezek is paid (Shulchan Aruch, Choshen Mishpat 405:1). If the animal damaged maliciously, the payment is only half of the damage. Furthermore, such payment is considered a k’nas (penalty) unless that animal attacks maliciously on a regular basis, and the rule is that in our days, beit din cannot obligate payment for a k’nas. Halachic sources (see Shulchan Aruch, CM 395:1) and experience (in Israel, a few hundred dog attacks are reported per year) indicate that dog bites are not common enough to warrant a normal payment obligation. In this case, nezek is only to the pants (200 NIS), half of which is 100 NIS of k’nas, whose payment, as mentioned, is difficult to obligate in our times.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
745 - Problems Arising from the Sale of Stores in New Project – part III
746 - Paying Damages for a Biting Dog
747 - Fee for a Fired Toein Rabbani – part I
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Even in our times, it is possible to impose extra-judicial payments to deal with problematic situations (ibid. 2:1), and one can argue that a dog attack is such a case. However, it is difficult for an arbitration-based beit din to do so, especially when the dog owner did not act recklessly. While one who signs our arbitration agreement enables beit din to obligate over matters for which there is only a moral obligation to pay, this would not justify significant payment here.
The valid grounds for payment in this case is dina d’malchuta (law of the land), as par. 41a of the Regulations of Damages calls for payment for damages caused by one’s dog, even if the owner was not negligent in his supervision. As this is a response to a legitimate need to deal with a disturbance to society, it falls into the cases where our beit din accepts dina d’malchuta as halachically binding. In a society with a dense urban population, it is not an inherent right to raise a potentially dangerous dog. Just as society expects those who have cars to be insured to pay for extensive damages, so too society demands of those who decide to have dogs, to pay in a complete manner for their damages.
In this case, pl did not prove actual damages to the extent he claimed. Our calculations of realistic damages (especially missing work and pain) come to around the amount def originally agreed to pay (5,000 NIS), which is what we rule.
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Rabbis in Midrash
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
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Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
