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“What about the fact that I was attacked and acted in self-defense?” asked Shimshon. “Is that not reason to exempt me?”

“Even a person whose life is threatened and saves himself through damaging another’s property – for example, a person who escapes by breaking through his neighbor’s fence – has to pay for the damage he did,” answered Rabbi Dayan. “The fact that he was threatened or attacked does not exempt him from damage to a third party’s property.” (C.M. 380:3)

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“I would add, though,” concluded Rabbi Dayan, “that it would be appropriate for Dan to cover part of Shimshon’s liability in appeasement for attacking him. Though we do not enforce payment for inflicting pain nowadays, there is still a moral obligation; you are responsible to appease Shimshon for the pain you caused him. Covering some of his liability is an appropriate means.” (C.M. 1:2; 422:1)

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Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to [email protected]. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail [email protected].