[Avodah] Maakeh

[Michael Kopinsky]

On 1/6/07, Micha Berger <micha at aishdas.org> wrote:
> And, if I understand RMK's point correctly, the idiom "bor birshus
> harabim" does not relate to the issur, but comes from a discussion of
> paying the consequent damages. (I'm not clear on the limits of what's
> called "tort law" so I'm posting this as an opportunity to be corrected.)

Correct.  (Of course, common usage has expanded bor birshus harabbim to a
broader sense, but halachically it is more limited.)

According to Wikipedia, "Tort is a legal term that means civil wrong, as
opposed to a criminal wrong."  According to that hagdara, tort law is what
the Torah includes in the mitzvos of Bor, etc, which are mitzvos on Beis
Din, as opposed to Lo Sigzol or Lo Suchal L'his'aleim, which are mitzvos
on individuals.