[Avodah] Maakeh

[Michael Kopinsky]

On 1/4/07, Jacob Farkas <jfarkas at compufar.com> wrote:
> Torts laws are about damages, who is liable and how much, but Hezeq
> alone [with full intention of restitution] is still forbidden.

Hezek is forbidden, but under other issurim - whether it be gezel, lo
tuchal l'his'aleim, ve'ahavta lereiacha kamocha, whatever it be.  The
mitzvah in Parshas Mishpatim of Bor is a mitzvah of tort laws, not a
religious directive.  (ie it's a mitzvah on Beis Din to judge certain
cases in a certain way, not a mitzvah on individuals.)