Tort Laws
Tort law includes the rights, obligation, and remedies that the dayan may apply in order to offer relief to those who have suffered from the wrongful acts of others. The victim is called the plaintiff and the offending person is called the defendant.
Three elements must be always be established when considering tort law. First, was the defendant duty-bound to act in a particular fashion? Second, did he in fact breach his duty through either action or inaction? Third, was harm was caused by this?
The vast majority of cases brought before dayanim are tort law, as tort law represents grievances brought by individuals against others. Criminal laws, on the other hand, are brought to the beit din by the combined leadership of the congregation or the congregation itself.
Three elements must be always be established when considering tort law. First, was the defendant duty-bound to act in a particular fashion? Second, did he in fact breach his duty through either action or inaction? Third, was harm was caused by this?
The vast majority of cases brought before dayanim are tort law, as tort law represents grievances brought by individuals against others. Criminal laws, on the other hand, are brought to the beit din by the combined leadership of the congregation or the congregation itself.
- Assault (Exodus 21:18-19)
- Damage by animals (Exodus 21:32)
- Damage by fire (Exodus 22:6)
- Injury to animals (Exodus 21:33-36; Leviticus 24:18, 21)
- Loss of borrowed property (Exodus 22:14-15)
- Personal injury (Leviticus 24:19-20)
- Rights of strangers (Leviticus 24:22)
