Fwd: WEEK FOUR: THE LAWS OF TORTS

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From: Bais HaVaad Halacha Center <info-baishavaad.com@shared1.ccsend.com>
Date: Sun, May 10, 2026, 8:01 AM
Subject: WEEK FOUR: THE LAWS OF TORTS
To: <agentemes4@gmail.com>

A STATIC DAMAGER PILOTLESS MAZIKIM A FORMLESS PIT EXEMPTION OF INANIMATE OBJECTS

Week 4 Focus: בור  A STATIC DAMAGER  PILOTLESS MAZIKIM  A FORMLESS PIT  EXEMPTION OF INANIMATE OBJECTS

Introduction

The mazik of bor, lit. digging a pit, is defined as creating or owning a situation wherein others will essentially damage themselves. This differs from other forms of mazik where the damager acts upon the victim. The Torah limits the liability of bor to people and animals; damage to inanimate objects is exempt.

Points to Ponder

• If a person digs a bor within someone else’s property that can damage passersby, who is responsible for the bor, the digger or the owner? • Is a person required to clear away debris he left in public property, or can he exempt himself by removing his ownership from it and declaring the debris to belong to the public? • If a person trips into a bor and sustains injuries to himself and damage to his clothing, do we split the liability and only hold the creator liable for the injuries and not the damage? • What is the status of tree roots and the like that only become hazardous over a long time; are they the same as other types of bor?

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