Question:
There was an accident with my parked car on shabbos can I claim payment for the damage (from the person himself or the insurance) or do we say קם ליה בדרבה מיניה
Answer:
You may make a claim to the insurance company without any hesitation. קם ליה בדרבה מיניה, (kom lei b’draboh mineh- the rule that if a person does not get two punishments for an aveiro.) does not apply here, firstly because the punishment of skilah for the chillul shabbos came when he first started driving, whereas the penalty to pay for the damages only came later the crash. Secondly, suing the insurance company is not a punishment or a penalty by , Jewish law rather by secular law, and this rule won’t apply to it.
Sources:
Kesubos 31a, CH:M 351
are you saying that if a person is mechalel shabbos all shabbos long he is only chayuv for the start of the melacha??
NO. but since he was already chayim misa at the beginning of the journey, therefore it wasn’t at the same time as the monetary chiyuv came.
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