Question:

have a question that I’ve been having a difficulty trying to find an answer to. I had a Halacha question. Last week in gym class we were playing a game in which we had to get to the ball first. A friend and I were both running towards the ball. As we are running I pushed him and his phone fell out of his pocket and broke. Who needs to pay? And if I need to pay, what do I need to pay for? I said I don’t need to pay because he put his phone in a dangerous situation. It was in a shallow pocket in gym and he was running so he should accept if his phone fell. I had my phone in my pocket but when he pushed me it didn’t fall out. I also don’t think it is entirely my fault as it was both our actions mixed together that made the phone fall. If I had pushed him when he was standing still, or if his phone was in a secure pocket (like mine was when he pushed me back and It didn’t fall) then my push wouldn’t have broken his phone. He says I need to pay because since there wasn’t supposed to be any pushing he was not prepared for it and shouldn’t need to be. And I should have taken responsibility that if I push him I face whatever the consequences of it will be. We understand we should both go to a Dayan but this is very out of our way and inconvenient. we saw bava kamma 48b where it looked like I need to pay but we also saw page 18a where I looked like I would only need to pay half What is your opinion who needs to pay and how much for what? Thanks

Answer:

You would have to pay. The reason is because you’re not supposed to push someone when you play. See Gemara in Bava Kama 62A

Best wishes

Tags: damages

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2 Responses to “Item in dangerous situation accidently damaged”

  1. Would he need to pay the value of a new phone? To fix the one that broke? The price difference between before it fell to after it fell?
    Please clarify. Thanks.

    • No. HE wold have to pay the amount of the value of the phone at the time that it broke, depending on how old it was and it.
      s condition.

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