He profaned the Sabbath and caused harm – KLBAM

שו”ת › He profaned the Sabbath and caused harm – KLBAM

asked 5 years ago

I heard a question and I don’t know what the answer is. Someone desecrated Shabbat (intentionally or accidentally. A godfearer or a baby who was captured or an afikors) and drove a car and had an accident injuring a religious person. Does he have to pay? Is the injured religious person allowed to sue him or is he exempt because he has a right to be treated fairly. It seems like he is really exempt, but what if all religious people are unbelievers on Shabbat? How can this be?

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מיכי Staff answered 5 years ago

It is necessary to discuss whether a child who was captured is a child of the law. Although Tana Debi Hezkiya believe that it is also due to an accident and perhaps even rape, a child who was captured is exempt from this. But even if we assume so, I don’t understand the difficulty you raise. Is he exempt from prison because of a criminal record? The hearing in the High Court is not related to halacha and there is no criminal record on him. This is the royal law in criminal cases and there is no problem in appealing to it. Beyond that, what about damages for pecuniary damage? These are supposedly not allowed to be claimed in court, since they were imposed by heaven and not by human law. Is the money of a religious person a miser? What did you see in the KLA?

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מנחם replied 5 years ago

Thanks Rabbi for the answer
Not something else I'm talking about the claim for payments, because if there is no plaintiff, they won't hold the harmer accountable, so why is the plaintiff allowed to sue
Among the things the Rabbi wrote Dina Demalkhuta but the Dina does not require suing, it only allows for collection
Regarding Grama, I really don't know. I asked about Kalabdarm because I heard about it and didn't think about Grama. I really wonder what they do with it today in the court. But maybe Kalabdarm is even a liability in the hands of Heaven, so there's no place to start

מיכי Staff replied 5 years ago

Dina Demalkhuta says that he deserves it and therefore he is allowed to sue. In my opinion, there is no need for there to be an obligation from Dina Demalkhuta. The king can abandon money.