Q&A: Damages Payment: Logic or Scriptural Decree
Damages Payment: Logic or Scriptural Decree
Question
What is the prevalent view regarding payment by a person who causes damage, according to the Talmud and the other commentators: is the payment obligation a scriptural decree, such that without the Torah he would be completely exempt (that is what seemed to emerge for me from Tosafot on Kiddushin 13b)? Or is the Torah not creating the essence of the obligation, but only setting the amount of the payment.
In particular, according to Rabbi Shimon Shkop’s approach, that in monetary law we proceed on the basis of a theory of law, which implies that reason itself obligates, does reason not obligate payment in the case of a person who causes damage?
I would be happy for an answer, and I would also be grateful if the Rabbi has a longer article on the subject.
Answer
There are several Tosafot passages in the Talmud that wrote this way. Beit Rivka wrote an article about it, and I once uploaded it here. I’ll try to look for it.
Discussion on Answer
I tried searching before I asked, but I didn’t find it.
I uploaded a link here.
See here:
https://mikyab.net/%D7%A9%D7%95%D7%AA/%D7%9E%D7%9C%D7%95%D7%94-%D7%9B%D7%AA%D7%95%D7%91%D7%94-%D7%91%D7%AA%D7%95%D7%A8%D7%94/