[Avodah] Lo Taamod

[Micha Berger via Avodah]

On Thu, May 11, 2017 at 11:54:06AM +0000, Rich, Joel via Avodah wrote:
: Rav Asher Weiss discusses in parshat Vayeitzeih on lo taamod al
: dam reiacha that one would have to give up all his assets to save a
: single life if he is the only one who can do it. However, "it's pashut"
: that if others can also do it, that he doesn't have to give up all his
: assets. Why is it so pashut if others refuse? (i.e. why isn't it a joint
: and several liability?)

I am not sure halakhah has the concept. The nearest I can think of is
a zeh vezeh goreim, such as if a shor tam pushes another ox into a third
party's bor bereshus harabbim. SA CM 410:32 rules that the baal habor
must pay 3/4. Hezeq by a shor tam need only be reimbered 50%. So, the
owner of the shor tam only has to pay 50% of his half of the guilt -- 25%.
The baal habor therefore would cause the loss of the other 75%, so he
has to reimberse it.

But there is a machloqes about what happens when one of the two doesn't
have the money -- does the other have to pick up the difference, or not?
If not, then wouldn't that mean halakhah doesn't have a notion of joint
and several liability?"

But even if he does have to pay what the other can't... One may still
be choleiq between someone who did something that incurs a fine and a
chiyuv to spend money. It's not really a "liability".

And this is beyond the usual limits of a chiyuv.... If there are others
who can save the guy, RAW says I'm not chayav to spend all my money,
but what about spending up to a chomesh, like for any other chiyuv?
Maybe even if there is joint and several liability, it stops at 1/5
rather than 100%.

Tir'u baTov!
-Micha

-- 
Micha Berger             Like a bird, man can reach undreamed-of
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