[Avodah] How do we evaluate nezeq nowadays of a person?

Zev Sero via Avodah avodah at lists.aishdas.org
Thu Aug 25 05:22:36 PDT 2016


On 25/08/16 04:16, Marty Bluke wrote:
>>> Even if we don't judge chavalos, an important n'mina w be how much should
>>> you pay in order to l'ztais y'dei shamayim.

>> 1. Ad sheyefayes es chavero
>>
>> 2. Nowadays we have more sophisticated methods of determining appropriate
>> compensation...

> Are you saying that the din of the gemara no longer applies because
> we have better ways of determining value? I looked in the Pischei
> Choshen (which is a contemporary sefer on Choshen Mishpat) and he
> still quotes what it says in the Shulchan Aruch as to how to
> determine the nezeq.

As I said, our batei din cannot rule on dinei chavalos anyway. Their only
role today is to set a limit on ad sheyefayes, which I'll bet they are
rarely if ever called on to do. But if a BD is ever asked to do so,
they will immediately run into the problem you pointed out. And the
method used by the courts today will immediately recommend itself; not
only does it work, which the old method doesn't any more, but it's also
superior to the old method, because it's designed for the purpose rather
than adapted from a slightly different use.

They will also run into the more practical problem that the plaintiff
will have taken legal advice, and will have a pretty good idea of what he
could recover at law, should he go there, and will be very reluctant to
settle for less. I'm not even sure if one needs a heter erkaos in such
a case, but if he asks for one the BD would be hard-pressed to refuse it,
so how can they tell him to be mollified by a smaller settlement?

-- 
Zev Sero
zev at sero.name



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