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Damage

The 1901 Jewish Encyclopedia

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Money recoverable as amends for a wrong or injury sustained. The simple and clear rule as to the obligation of a person who has caused damage to his fellow man is to give full compensation, and is expressed in the words "He that kindled the fire shall surely make restitution" (Exodus 22:6). Where one causes physical injury to his fellow man the following five things are to be considered in determining the amount of compensation due to the injured person: (1) "nezeḳ," the permanent loss, if any, caused by the injury; (2) "shebet," the temporary loss during the illness caused by the injury; (3) "ẓa'ar," the pain and suffering of the injured person; (4) "rippui," the cost of the cure required for the restoration of health; (5) "boshet," the insult involved in the injury. The rule "as he hath done so shall it be done to him; breach for breach," etc. (Leviticus 24:19), has been interpreted by Jewish tradition and practise to refer to compensation, and does not demand actual mutilation of the body, as a literal interpretation might imply. Compensation had to be given by the offender not only for injuries inflicted by himself, but also for those caused by his property. The latter are brought under four heads ("arba'ah abot neziḳin"), namely: (1) a goring ox, (2) a pit, (3) a feeding animal, (4) fire. See BABA ḲAMMA; NEZIḲIN.