Unrecognizable damage
Hello Rabbi, what is the explanation for exemption for damage that is not recognizable? A person who spilled wine and wine into my wine, thereby invalidating it and causing me a financial loss? Why should he be exempt from payment?
For most methods, the damage that is not apparent is only when the damage is halakhic and not physical (for defiling a donation or spilling wine or stealing leaven and returning it after Pesach). In such a situation, it is a matter of gramma because the matter has not changed and there is only a prohibition against it. See Meiri Gittin 42 and others. It is true that some have wanted to apply this also to cases where there is damage that is not halakhic (such as a computer virus, for example), and there the explanation is truly problematic.
There is an interesting discussion in Shai Wesner’s book, Legal Thinking in Lithuanian Yeshiva, about Rabbi Shkop’s method in this regard.
See a review here: https://www.yeshiva.org.il/wiki/index.php?title=%D7%94%D7%99%D7%96%D7%A7_%D7%A9%D7%90%D7%99%D7%A0%D7%95_%D7%A0%D7%99%D7%9B%D7%A8#cite_note-5
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