THE BAIS HAVAAD HALACHA JOURNAL: Volume 5776 Issue XXXIII Behar "MINOR" DAMAGES Who is responsible for damages caused by a minor? By: Rabbi Yehoshua Grunwald
“Minor” Damages
Who is responsible to pay for damages caused by minors? By Rabbi Yehoshua Grunwald
The owner of a retail store must be vigilant to avoid damage to his merchandise by potential customers. This is especially true with regards to damage caused by children. Not only are children more likely to break and damage merchandise, there also may not be any party the owner may hold accountable for the damage. Whereas in most situations, damages caused by an adult may be collected by the owner, Halacha exempts minors from paying for damages. How, then, can store owners protect themselves should such an incident occur?
The Gemara1 states that damages related to a minor are malicious, since one who causes damage to a minor is responsible to pay, whereas, when a minor is the one causing damage to an adult – the minor is exempt.
Some Poskim2 hold that when the minor becomes an adult, they should pay as a measure of Teshuva and to satisfy the Heavenly court (לצאת ידי שמים). Others3 hold that it is unnecessary to pay fully, even to absolve oneself from the Heavenly court; rather, the now-adult should pay a mere portion of the loss as a Teshuva measure.
Some Poskim recommend that the parents, if they can afford it, pay immediately to absolve their child from this obligation. If, however, the child was below the age of Chinuch (around 5-6 years old), and certainly below the age of three, then the above-mentioned “Heavenly obligation” does not apply to the child.
“Minor” Damages
Who is responsible to pay for damages caused by minors? By Rabbi Yehoshua Grunwald
The owner of a retail store must be vigilant to avoid damage to his merchandise by potential customers. This is especially true with regards to damage caused by children. Not only are children more likely to break and damage merchandise, there also may not be any party the owner may hold accountable for the damage. Whereas in most situations, damages caused by an adult may be collected by the owner, Halacha exempts minors from paying for damages. How, then, can store owners protect themselves should such an incident occur?
The Gemara1 states that damages related to a minor are malicious, since one who causes damage to a minor is responsible to pay, whereas, when a minor is the one causing damage to an adult – the minor is exempt.
Some Poskim2 hold that when the minor becomes an adult, they should pay as a measure of Teshuva and to satisfy the Heavenly court (לצאת ידי שמים). Others3 hold that it is unnecessary to pay fully, even to absolve oneself from the Heavenly court; rather, the now-adult should pay a mere portion of the loss as a Teshuva measure.
Some Poskim recommend that the parents, if they can afford it, pay immediately to absolve their child from this obligation. If, however, the child was below the age of Chinuch (around 5-6 years old), and certainly below the age of three, then the above-mentioned “Heavenly obligation” does not apply to the child.
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