In the Light of Day Dayan Yosef Greenwald December 10, 2020 Q: I am in…
Adapted from a shiur by Rav Daniel Dombroff on Parshas Va’eira
ויכבד לבו ולא שלח את העם
There are two levels of indirect damages:
- Gerama – very indirect, for which one is patur bidei adam and chayav bidinei shamayim (Bava Kamma 6th perek)
- Garmi – more direct, and many rishonim hold one is chayav
- Shach – Practically, one is chayav if there is peshia (negligence) involved.
Case #1: Is someone liable based on garmi for breaking an engagement and causing others a loss of money?
- Although every case differs, there is a strong side to say that often one would be (see Rambam, Hilchos Zechiya 6:24), as they prevent the other side from proceeding.
- Example: One kalla felt she couldn’t continue an engagement as a result of a fictitious image of what marriage should be (based on unhealthy exposure to secular values), but the chassan actually broke it off (due to her concerns).
- It is possible that her inability to realize that her fantasies weren’t practical is considered peshia for garmi, and her side would have to pay for losses.
Case #2: Garmi for breaking a commitment to hire workers
- Breaking a commitment alone renders him mechusar amana (not trustworthy) and is assur unless something changed after the original commitment (Rema C.M. 254)
- If the worker had already given up another job
- Tosafos, Rosh, Sma – Chayav for loss due to garmi
- Nesivos – Chayav due to a separate takana
- If the worker began working before he was dismissed
- Chayav to pay for the work done, at a rate of a po’el batel (how much one would accept to take a vacation).
- If the employer’s situation effectively prevents the worker from working
- This may be garmi since the employer does not allow for the employees to properly do their job, and the employer would have to pay.