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שו”תCategory: Talmudic studyAccompanied by a Torah scroll
asked 2 years ago

I saw it written in one book, and it says that there are debtors who are not subject to the law of the Torah, but rather to the law of the Torah, and we are all fathers of torts, and even a debtor who is liable for damages is also liable by the law of the Torah, because he has harmed his fellow man and his lack of a legal reason to hold him liable for payments for this. So.
 
I am somewhat familiar with the issue of the companionship mentioned in the Torah. And my questions are two:
1. Why is a harmful obligation not an explanation?? It seems to me that it simply explains that if you harm someone’s property, then you must pay them and make up for what you have lost. What is wrong with this explanation?
2. This is related to the first question, but who actually determines what comes from an explanation and what doesn’t? If I understand a certain obligation from an explanation, can I directly say that this obligation stems from an explanation?


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מיכי Staff answered 2 years ago
Strange question. No one determines. Each one has their own interpretation. Thos wrote that it is not a Masra, and this is their interpretation. You can disagree. For the sake of explanation, there is an article about it by my daughter. I will try to upload it here.

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EA replied 2 years ago

What do you think about a person who harms his neighbor's money? Is this a loan that is not written in the Torah (only that it is later anchored in religious commandments such as "Love the blind before you, you shall not steal, etc.") or is it a loan that is written in the Torah and without the Torah we would not have been obligated to pay money to someone we have harmed?

מיכי Staff replied 2 years ago

The question is what exactly does the word "Malva" mean in the Torah? Is there any explanation? Absolutely. And there is still room to say that this is the word "Malva" in the Torah. See my daughter Rivka's article (it was already posted here once, but I can't find it right now. I'm looking for it and then I'll refer to it).

מיכי Staff replied 2 years ago

It turns out that this was a reply to you: https://mikyab.net/%D7%A9%D7%95%D7%AA/%D7%9E%D7%9C%D7%95%D7%94-%D7%94%D7%9B%D7%AA%D7%95%D7%91%D7%94-%D7%91%D7%AA%D7%95%D7%A8%D7%94

EA replied 2 years ago

Yes, at first I didn't even know what it was. Then I left this study for a while, and now I've come back to it again. I'll read what you sent me already, thank you. I understood what the concept means, and I asked above whether everyone and their own opinion can determine what is included in the Torah's written companion and what is not, or are there rules in the Gemara and the Sages have already instructed us what is included and what is not.
It turns out that everyone has their own opinion.

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