Discusses the Halacha of Adam Hamazik B’Oness – one who causes personal or property damage to another, even without intent and even in cases of Oness (circumstances beyond his control). The source of this Halacha is found in the Mishna in Bava Kamma – which the Gemara explains is learned from a Passuk in Parshas Mishpatim.

We discuss the Machlokes amongst the Rishonim as to the fundamental basis of a person's liability when he personally causes damage. One position maintains that this Halacha requires a person to bear liability for all damages he physically causes, regardless of the circumstances, even if he caused damage due to circumstances entirely beyond his control. This runs counter to the position taken by others, who exempt a person who causes damage in certain cases of Oness.

This Halacha has countless ramifications in a wide variety of daily, real-life scenarios, which are discussed at length in this booklet.

Booklet Details
Pages 46
Published 5783
Series V'yavinu B'Mikrah

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אדם המזיק באונס

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