Sunday, June 22, 2025

Fwd: WEEK ONE: Professional Malpractice


---------- Forwarded message ---------
From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, Jun 22, 2025, 8:03 AM
Subject: WEEK ONE: Professional Malpractice
To: <agentemes4@gmail.com>


THIS MONTH'S YORUCHA TOPIC:

Professional Malpractice

הלכות אומן שקלקל

Week 1 Focus:

אומן שקלקל

  • THE TWO CASES OF MALPRACTICE
  • THE NEGLIGENT SHOCHET
  • WHAT QUALIFIES A PERSON AS AN EXPERT?
  • BAD ADVICE FROM A MONEYCHANGER
  • THE MISTAKEN SOFER
  • RELYING ON THE WORKER
  • MAZIK OR SHOMER?

Introduction

A contractor or other professional who errs and causes damage or harm to his client is not

governed by the regular rules of mazik. On the one hand, he is less culpable because he was

given permission to involve himself. On the other, his status as an employee could make him

more culpable for not producing the expected benefit.

Points to Ponder

• What is the halachic basis for a claim of malpractice?

• If a non-professional offers his services and causes damage, is he more or less liable than a professional?

• How does halachah view professional advice that turns out to be detrimental; is it the same as inflicting

actual damage?

• If the advice was given offhand, can the professional avoid culpability by saying he didn't expect you to

rely on his recommendation?

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