7 Questions
When is a person who causes damage while asleep required to pay?
When two people went to sleep at the same time, and one turned over and injured the other or tore his garment.
In what situation is a person sleeping not liable for causing damage to someone who came to lay down next to him?
If the person who came to lay down afterwards was injured, the person sleeping is not liable.
Under what circumstances is a person not required to pay for damage caused in a place belonging to the מזיק?
If the damage was done in a place belonging to the מזיק, he is not required to pay unless he purposely caused the damage.
When does a person unintentionally damaging property belonging to another person not incur liability?
If both of them were in a place belonging to a third party with his permission, and one unintentionally damaged property belonging to the other, the person who caused the damage is not liable.
In what situation is a person not required to pay for damage caused in a place belonging to the ניזק?
The person is not required to pay if the damage was done in a place belonging to the ניזק, unless he purposely caused the damage. If he caused the damage unintentionally or due to forces beyond his control, he is not liable.
Under what circumstances is a person not liable for unintentionally damaging property belonging to another person?
The person is not liable for unintentionally damaging property belonging to another person when both of them were in a place belonging to a third party with his permission - or without his permission - and one unintentionally damaged property belonging to the other.
When does the liability for causing damage in a place belonging to the מזיק not apply?
The liability for causing damage in a place belonging to the מזיק does not apply unless the damage was caused purposely. If the damage was unintentional or due to forces beyond the person's control, he is not liable.
Study Notes
Liability for Damage Caused While Asleep
- A person who causes damage while asleep is not required to pay unless they were aware of the situation and acted with negligence (מועד).
- If two people go to sleep at the same time and one turns over and injures the other or tears their garment, the person who caused the damage is liable.
- If a person is sleeping and someone comes and lays down next to them, only the one who lay down afterwards is considered מועד, and the sleeping person is not liable if they injure the other.
- If a person places a utensil next to a person who is sleeping, and the sleeping person breaks it, the sleeping person is not liable, as the one who placed the article down was מועד and acted with negligence.
General Liability for Damage
- The same laws applying to damage caused while asleep also apply to other types of damage, such as killing someone's animal, breaking their utensils, tearing their garments, or cutting down crops or trees they planted.
- A person who causes damage is required to pay for it, unless they can prove that the damage was unintentional or due to forces beyond their control.
Exceptions to Liability
- If damage is done in a place belonging to the person who caused the damage (מזיק), they are not required to pay unless they purposely caused the damage.
- If both parties were in a place belonging to a third party, with or without permission, and one unintentionally damaged property belonging to the other, the person who caused the damage is not liable, unless they purposely caused the damage.
Test your knowledge of liability in Jewish law when it comes to causing damage while asleep. This quiz covers scenarios where one person injures another or damages property while sleeping, and explores the specific circumstances under which compensation may be required.
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